Jharkhand goes to top Court in migrants case

23-05-2022

The issue of citizenship needs to be decided in step with the provisions of the Citizenship Act and also the Foreigners Act, says the affidavit

The purpose of public interest litigation (PIL) is to assist the "minorities" and "disadvantaged groups", the Jharkhand government has told the Supreme Court while opposing a PIL seeking a direction to the Centre and also the States to "identify, detain and deport" illegal immigrants from the country.

The reply of the JMM-Congress-RJD coalition government in Jharkhand has been filed in response to a PIL by lawyer and BJP leader Ashwini Upadhyay, who has sought a direction to the Centre and therefore the States to spot, detain and deport all the illegal immigrants and infiltrators, including Bangladeshis and Rohingyas.

In the 15-page affidavit, filed through Prashant Kumar, officer, government department, Jharkhand Police, the authorities has said moreover, there's already a mechanism in situ for putting in detention centres, holding centres and camps in various states to limit the movement of illegal immigrants or foreign nationals.

The Jharkhand government has also founded a model jail cell in Hazaribagh district, it's seen.

"The purpose of public interest litigation is to use the law to advance human rights and equality or raise problems with broad public concern so as to assist the reason behind the minorities or the disadvantaged groups and individuals," it's said and stated a Supreme Court judgment on PILs.

"The issue of citizenship should be decided per the provisions of the Citizenship Act and also the Foreigners Act. it's only after this application of law that the deportation, relocation, repatriation or rehabilitation etc. can occur," the regime has said.

Seeking dismissal of the PIL, it's said the "alarming scenario" sought to be created by the petitioner relies on "misconceived speculation and with none substance".

Referring to a 2014 letter of the Union Ministry of Home Affairs (MHA), the affidavit has said, "It was stated that the Central government was empowered under Section-3(2)C of the Foreigners Act, 1946 to create orders providing that no foreigner shall remain in India or any prescribed areas therein."

Earlier, the Karnataka government had told the apex court that it might "scrupulously" follow the orders to be passed on a PIL seeking a direction to the Centre and therefore the States to "identify, detain and deport" illegal immigrants.

The PIL has also sought a direction to the Centre and therefore the States to "amend the respective laws to form illegal immigration and infiltration a cognizable, non-bailable and non-compoundable offence".

"The illegal immigrants, particularly from Myanmar and Bangladesh, haven't only threatened the demographic structure of bordering districts, but have seriously impaired security and national integration," it's said.

Ms. Upadhyay's plea has alleged that there was an organised influx of illegal immigrants from Myanmar through agents and touts via province, Tripura and Guwahati in Assam.

"This situation is seriously harming the national security of the country," it's said.

Violent attacks allegedly by the Myanmar army have led to an exodus of Rohingya tribals from the western Rakhine State in this country to India and Bangladesh.

Many of these who had fled to India after the sooner spate of violence have settled in Jammu, Hyderabad, Haryana, province, Delhi-NCR and Rajasthan.