SC seeks Centre’s response on plea of 2 Sudanese nationals

The Supreme Court has asked the Centre to respond to two Sudanese Muslim nationals’ plea not to deport them to strife-torn Darfour, where they risk losing their lives.

A bench headed by Chief Justice JS Khehar told ministry of home affairs to clarify its stand on the petition despite Attorney General KK Venugopal’s opposition. The top law officer cited national security and terrorism for deporting the petitioners.

Venugopal defended the government’s decision and asked the court to stay away from sovereign functions of the State. But the bench insisted on hearing the appeal, saying India’s constitution conferred the right to life and liberty to foreign nationals too. “This involves their (petitioners) right to life and liberty. They are claiming that they won’t survive because of the situation there. You can’t say throw them out whatever. This is a different consideration. Then get rid of Article 21,” the CJI told the AG.

The petitioners said they came to India to study in Bengaluru but moved to Delhi after they did not have money to pay for their studies. They now cook for fellow students to make a living. The two — Amir Ahmed Khmes Ahmed and Salih Ali Belal Eissa — said they do not want to go back to their country as they fear their execution. In January, the top court had granted stay on their deportation after their counsel Colin Gonsalves said they could be deported to some other country except Sudan.

“No one has the right to enter this country. We have a sovereign, absolute right to allow or refuse entry,” Venugopal submitted to the court during the hearing. “Now even European nations are turning back people coming in boats from Syria and other places. Why should India take them? Let some UNHCR nation take them,” the AG said.

The Foreigner Regional Registration Office (FRRO) in Delhi had summoned the two on December 26, 2016, on the pretext of seeking clarification of their long-term visa applications. After being detained for some time, they were informed about their deportation and moved to Sewa Sadan detention centre in Narela. The duo said they were being punished for coming to Delhi and leaving their original refugee camp in Bengaluru.

INSISTING ON HEARING THE APPEAL, THE BENCH SAID THE CONSTITUTION CONFERRED THE RIGHT TO LIFE AND LIBERTY TO FOREIGN NATIONALS TOO