New Delhi:
India is not a dharmashala (free shelter) that can entertain refugees from all over the world, the Supreme Court today said, Sri Lankan National’s petition for Sharan has been denied. A bench of Justice Dipankar Dutt and Justice K Vinod Chandran was listening to a petition by Sri Lankan National, which was once active in Sri Lanka on suspicion of being associated with a terrorist organization on suspicion of being associated with Tamil Eelam (LTTE )’s liberation tigers in 2015.
In 2018, a trial court convicted him under the illegal activities (prevention) Act and sentenced him to 10 years in jail. In 2022, the Madras High Court extended its term for seven years, but asked him to leave the country as soon as his sentence was over and remained in the refugee camp before his exile.
The petitioner, a Sri Lankan Tamil, told the Supreme Court that he had come to India with a visa and his life was in danger in his country. He also said that his wife and children had settled in India and were now in custody for almost three years and the exile process had not started.
In response, Justice Dutta said, “Is India to host refugees from all over the world? We are struggling with 140 crores. It is not a religious that we can entertain foreign nationals from all.”
The petitioner’s counsel argued the case under Article 21 (security of life and freedom) and Article 19 of the Constitution, which grants fundamental rights, including freedom and movement of speaking. Justice Dutta said that the petitioner’s detention does not violate Article 21 as he was detained according to the law. The court said that Article 19 is available only to Indian citizens. “What is your right to settle here?” The court asked. When the petitioner’s counsel insisted that he was a refugee and his life was in danger in Sri Lanka, the court asked him to go to another country.
