Read Time: 09 minutes

Supreme Court led Bench of Hon’ble Chief Justice SA Bobde, Justice AS Bopanna & Justice V Ramasubramanian after issuing notice to the Union of India has tagged the PIL filed by activist Ashwini Kumar Upadhyay directing the central & State governments to take steps to identify, detain & deport illegal migrants, particularly Bangladeshis & Rohingyas within one year with the WP No 793/2017 titled as Jaffar Ullah v. Union of India that deals with the similar matter. 

“Issue notice. Tag with WP(C) No 793 of 2017”, the order reads. 

The present PIL was filed after the Minister of State for Home Mr Kiren Rijiju informed the RajyaSabha about the fact of 20 million illegal Bangladeshi migrants living in India. & the petitioner prayed for issuance of directions to the Central & State Govt to amend the respective laws to make illegal migration & infiltration a cognizable non-bailable & non-compoundable offence; declare the making of forged/ fabricated PAN Cards, AADHAR Cards, Passport, Ration Cards & Voter Cards & such other documents, a non-bailable, non-compoundable & cognizable offence & amend the laws accordingly; identify the travel agents, government employees & other such people, who directly/indirectly provide PAN Cards, Passport & Voter Cards to illegal immigrants & infiltrators & take stern action against them.  

“The large scale illegal migrants, particularly from Myanmar & Bangladesh, have not only threatened the demographic structure of bordering districts but have seriously impaired the security & national integration, particularly in the present circumstances. The need for expeditious identification of illegal migrants is more pressing now than ever. It is not a matter of dealing with a religious or linguistic group but a question of identifying those who illegally crossed over the border & continue to live in India contrary to law & Constitution.”, the plea states. 

Taking note of the gross violations of fundamental rights of Indian Citizens under Art 19(1), Art 21 due to the influx of illegal immigrants & the obligations of the State enshrined under Art 38, Art 39 & Art 41 to ensure that demographic & social structure of the country is not changed to the detriment of the citizens, the petitioner has raised the following grounds in the petition: 

• Provisions of Convention Relating to the Status of Refugees, 1951 and Protocol Relating to the Status of Refugees, 1967 have no application in our country due to India being a non-signatory. The International Covenant on Civil and Political Rights scope does not extend to the principles of non-refoulement irrespective of India being a signatory. 
• The general nature of provisions of the Foreigners Act,1946 & Section 3(2)(c), along with empowering, casts an obligation on the Central Government to deport an illegal immigrant. 
• The open porous nature of India’s borders with Nepal, Bhutan, Bangladesh, Pakistan, Myanmar etc., easily navigable sea route with Pakistan as well as Sri Lanka & organized influx of illegal immigrants from Myanmar through agents & and touts facilitating illegal immigrants Rohingyas via Benapole-Haridaspur & Hilli (West Bengal), Sonamora (Tripura), Kolkata and Guwahati is not only causing serious harm to the country’s national security but making India vulnerable to a continuous threat of an influx of illegal immigration &resultant problems arising therefrom.
• Involvement of Rohingyas in illegal/ anti-national activities such as mobilization of funds through hundi/hawala channels, procuring fake /fabricated Indian identity documents for other Rohingyas, acquiring fake/fraudulently obtained Indian identity documents, i.e. PAN Card & voter cards & their involvement in suspected sinister designs of ISI/ISIS, other extremist groups are causing serious international/ national security ramifications and serious security threats.

In the petition, reference has been made to the 175th Law Commission Report on the Foreigners (Amendment) Bill,2000, in which the Law Commission, while noting grave threat posed by the entry of illegal migrants & other undesirable aliens into India on India’s democracy & security observed that, 

“Influx of migrants from Bangladesh has remained unabated & has acquired frightening proportions.” Reliance has also been placed on the comprehensive Report sent by the Governor of Assam Lt Gen SK Sinha (Retired) on 08.11.1998 to the Union Government. 

Case Title: Ashwini Kumar Upadhyay v. Union of India & Ors| WP(C) 924/2017