NEW DELHI: The Supreme Court has recently said it is not keen to entertain "beautifully crafted stories" on the alleged forcible deportation of Rohingya to war zone in Myanmar, rather it would like to see "some credible material" to substantiate the charges.
A bench of Justices Surya Kant and N Kotiswar Singh told a counsel, "When the country is passing through such a difficult time you come out every day with fanciful ideas."
The bench said if petitioner’s counsel were to spin stories on emotive aspects, then it would stretch the credibility of his deportation claims regarding Rohingya.
"Every day you come with one new story. What is the basis of this story? Very beautifully crafted story!”, the court told senior advocate Colin Gonsalves, representing a petitioner, Mohammad Ismail.
The counsel claimed Rohingyas were forcibly picked up and thrown into international waters, facing threat to their life.
The court asked him to show what is the material to substantiate his allegations and explain the source of the information regarding Rohingyas and who will verify his claims, and the details of the person, who is claiming to have personal knowledge of this.
The bench sought to know who was the person watching them, who recorded the video? And how did you petitioner come back? The bench asked for the list of deported persons.
Gonsalves said this is a petitioner in Delhi and his real brother was deported.
“Unless the gentleman who has moved the court is present there. Or, unless he has satellite cameras to record, if he is in Delhi then," the bench asked.
Gonsalves said he was informed on phone, and record of phone call is available, and brought on record a UN report, saying it is on “this deportation because they have their offices in Thailand Myanmar”.
The court asked Gonsalves to place this report on record with an affidavit.
“People sitting outside do not dictate our authority or our sovereignty,” the bench said.
Gonsalves insisted for stay on deportation of existing Rohingyas, claiming if there is no stay then it is possible they may land up in the same war zone and they may be killed.
“If you really want to help, instead of rushing to the court, first collect some material and place it on record,” the bench told him.
The court also reminded Gonsalves that a few days back, on May 8, 2025, when a three-judge bench was hearing the main case regarding Rohingyas deportation, he had already cited the judgment, which he wants to show the court now.
The bench said the Centre disputed whether the Rohingyas are refugees.
Gonsalves, however, insisted they are refugees recognised by the UN, and they are not just migrants, and insisted that the state is bound to protect the life and liberty of every human being, be it citizen or otherwise.
Gonsalves said the Rohingyas were picked in the night, when the apex court adjourned the matter on May 8, without putting on hold Rohingyas deportation, and they were taken to the police station where they were tortured and then flown to Andamans, and then they were taken by boat and then put back in Myanmar.
The counsel said they fled a war zone and now, would they be returned back to the war zone that is the issue now?
The bench, however, clarified that the court is only concerned with the material which the petitioner can bring on record, something worth examining, and must refrain from collecting material from social media.
Gonsalves said, there are 8000 Rohingyas in the country with UNHCR cards, and 600 are in Delhi, and are those 600 will be taken into the war zone?
The bench said previously the Rohingya deportation matter was heard by a three-judge bench and the counsel had pressed for stay on deportation, and the court declined to put on hold the deportation of Rohingyas.
“In all fairness, move an application in that matter and the three-judge bench will consider it," the bench said.
Gonsalves said the Rohingyas were deported on the night of the previous hearing and they reached the war zone the next morning.
“Am I going to wait to see whether they are killed," he asked.
The bench, however, said, “there is absolutely no material in support of the sweeping statements made in the writ petition. Unless the allegations are supported with some prima facie material, it will be difficult for us to sit over an interim order passed by a larger bench on May 8, 2025”.
The bench allowed the petitioner to submit the documents with the office of the Attorney General.
The court, however, made it clear to Gonsalves that the matter will be heard by a composition of three-judge bench.
Gonsalves said the two-judge should look at the UN report, which says the Rohingyas were picked up, and they were pushed in Myanmar. The bench said, “we will comment on the UN report when sitting in a three-judge composition”.
The court said this matter will be heard by a three-judge bench, when it would take up the main matter on July 31. The plea claimed that several Rohingyas were forcibly deported by the Indian government to Myanmar and thrown into international waters.
