India Is Not A Dharamshala: Supreme Court Rejects Sri Lankan Tamil's Plea

A Sri Lankan Tamil national had filed a petition challenging the Madras High Court's order asking him to leave India as soon as his 7-year sentence got over. On Monday, the Supreme Court refused to interfere with the detention of a Sri Lankan Tamil national, saying India is not a "dharamshala" that will allow refugees from across the world to reside. The bench comprising Justice Dipankar Datta and Justice K Vinod Chandran heard the petition and stated that the country is already struggling with 140 crore.

"Is India to host refugees from all over the world? We are struggling with 140 crore. This is not a Dharmshala that we can entertain foreign nationals from all over," stated Justice Dipankar Datta."

However, the petitioner's counsel told the bench that the Sri Lankan Tamil national had come to India on a visa as there was a threat to his life. Counsel further mentioned that he has been under detention for nearly 3 years without any deportation process.

On hearing this, Justice Datta asked, "What is your right to settle here?" The counsel then added that the petitioner was a refugee and his family is settled in India. On a petitioner facing a life threat in his home country, Justice Datta said, "Go to some other country."

The petitioner had fought in the Sri Lankan war in 2009 as a former member of the LTTE, he is black-gazetted in Sri Lanka. Hence, if he goes back, he will be arrested and probably tortured to death.

The Supreme Court's decision has come after it refused to interfere with the deportation of Rohingya refugees.

The petitioner was arrested by Q Branch on suspicion of being an LTTE operative in 2015. In 2018, he was convicted by the trial court for the offence under Section 10 of the UAPA and was sentenced to 10 years' imprisonment. Then in 2022, the Madras High Court reduced his sentence to 7 years and directed him to leave India immediately after his sentence completes.

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