Will follow orders on plea seeking deportation of illegal migrants including Rohingyas: K'taka to SC
New Delhi, Oct 30: The Karnataka government has told the Supreme Court that it would "scrupulously" follow the orders to be passed on a PIL seeking a direction to the Centre and states to "identify, detain and deport" illegal migrants including Bangladeshis and Rohingyas from the country.
A few days ago, the Karnataka government had told the apex court that it has no immediate plan to deport 72 Rohingyas, living in Bengaluru, and had sought dismissal of the PIL field by BJP leader and lawyer Ashwini Upadhyay on the issue.
Vanaja K N , the Under Secretary of the Home Department of Karnataka, has filed the fresh affidavit saying, "I humbly state that the Karnataka state police have not housed Rohingyas in any camp or detention centre within its jurisdiction."
"However, 126 Rohingyas have been identified in Karnataka state... this respondent undertakes that whatever order would be passed by this hon'ble court will be scrupulously adhered and followed in letter and spirit," the affidavit said.
Upadhyay, in his PIL, has sought directions to the Centre and the states to identify, detain and deport all the illegal migrants and infiltrators including Bangladeshis and Rohingyas.
The plea has sought a direction to the Centre and the states to "amend respective laws to make illegal immigration and infiltration a cognizable, non-bailable and con-compoundable offence".
"The large-scale illegal migrants, particularly from Myanmar and Bangladesh, have not only threatened the demographic structure of bordering districts but seriously impaired security and national integration," the plea said.
Upadhyay's plea alleged there was an organised influx of illegal migrants from Myanmar through agents and touts via West Bengal, Tripura, and Guwahati.
"This situation is seriously harming the national security of the country," the plea said.
Earlier, the apex court, on April 8, had made it clear that Rohingyas, who have been detained in Jammu, shall not be deported to Myanmar unless the procedure prescribed for such deportation is followed by the authorities.
The bench had said it is true that rights guaranteed under Articles 14 and 21 of the Constitution are available to all the persons who may or may not be citizens but the right not to be deported, is "ancillary or concomitant" to the right to reside or settle in any part of India.
While Article 14 deals with equality before law, Article 21 deals with protection of life and personal liberty.
The order was passed on an application seeking release of detained Rohingya refugees and also a direction to the Centre not to deport those who have been detained in the sub-jail in Jammu.
The Centre had earlier opposed the plea saying the country cannot be the "capital" for illegal immigrants.
Violent attacks allegedly by Myanmar army have led to an exodus of Rohingya tribals from the western Rakhine state in that country to India and Bangladesh.
Many of them, who had fled to India after the earlier spate of violence, have settled in Jammu, Hyderabad, Haryana, Uttar Pradesh, Delhi-NCR and Rajasthan.
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US SC rejects 26/11 attack accused Tahawwur Rana’s plea seeking stay on his extradition to India
New York, Apr 7 (PTI): The US Supreme Court has rejected 26/11 Mumbai terror attack accused Tahawwur Rana's appeal seeking a stay on his extradition to India, moving him closer to being handed over to Indian authorities to face justice.
Rana, 64, a Canadian national of Pakistani origin, is currently lodged at a metropolitan detention centre in Los Angeles.
He is known to be associated with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 attacks. Headley conducted a recce of Mumbai before the attacks by posing as an employee of Rana’s immigration consultancy.
Rana had submitted an ‘Emergency Application For Stay Pending Litigation of Petition For Writ of Habeas Corpus' on February 27, 2025, with Associate Justice of the Supreme Court of the United States and Circuit Justice for the Ninth Circuit Elena Kagan.
Kagan had denied the application earlier last month.
Rana had then renewed his ‘Emergency Application for Stay Pending Litigation of Petition for Writ of Habeas Corpus previously addressed to Justice Kagan’, and requested that the renewed application be directed to US Chief Justice John Roberts.
An order on the Supreme Court website noted that Rana's renewed application had been “distributed for Conference” on April 4 and the “application” has been “referred to the Court.”
A notice on the Supreme Court website Monday said that “Application denied by the Court.”
Rana was convicted in the US of one count of conspiracy to provide material support to the terrorist plot in Denmark and one count of providing material support to Pakistan-based terrorist organisation Lashker-e-Taiba which was responsible for the attacks in Mumbai.
New York-based Indian-American attorney Ravi Batra had told PTI that Rana had made his application to the Supreme Court to prevent extradition, which Justice Kagan denied on March 6. The application was then submitted before Roberts, “who has shared it with the Court to conference so as to harness the entire Court’s view.”
The Supreme Court justices are Associate Justice Clarence Thomas, Associate Justice Samuel A. Alito, Jr., Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, Associate Justice Amy Coney Barrett, and Associate Justice Ketanji Brown Jackson.
In his emergency application, Rana had sought a stay of his extradition and surrender to India pending litigation (including exhaustion of all appeals) on the merits of his February 13.
In that petition, Rana argued that his extradition to India violates US law and the UN Convention Against Torture "because there are substantial grounds for believing that, if extradited to India, the petitioner will be in danger of being subjected to torture."
"The likelihood of torture in this case is even higher though as petitioner faces acute risk as a Muslim of Pakistani origin charged in the Mumbai attacks,” the application said.
The application also said that his “severe medical conditions” render extradition to Indian detention facilities a “de facto" death sentence in this case.
The US Supreme Court denied Rana's petition for a writ of certiorari relating to his original habeas petition on January 21. The application notes that on that same day, newly-confirmed Secretary of State Marco Rubio had met with External Affairs Minister S Jaishankar.
When Prime Minister Narendra Modi arrived in Washington on February 12 to meet with Trump, Rana’s counsel received a letter from the Department of State, stating that “on February 11, 2025, the Secretary of State decided to authorise” Rana’s "surrender to India,” pursuant to the “Extradition Treaty between the United States and India”.
Rana’s Counsel requested from the State Department the complete administrative record on which Secretary Rubio based his decision to authorize Rana’s surrender to India.
The Counsel also requested immediate information of any commitment the United States has obtained from India with respect to Rana’s treatment. “The government declined to provide any information in response to these requests,” the application said.
It added that given Rana’s underlying health conditions and the State Department’s findings regarding the treatment of prisoners, it is very likely “Rana will not survive long enough to be tried in India".
During a joint press conference with Prime Minister Modi in the White House in February, President Donald Trump announced that his administration has approved the extradition of "very evil" Rana, wanted by Indian law enforcement agencies for his role in the 26/11 Mumbai terror attacks, "to face justice in India”.
A total of 166 people, including six Americans, were killed in the 2008 Mumbai terror attacks in which 10 Pakistani terrorists laid a more than 60-hour siege, attacking and killing people at iconic and vital locations in Mumbai.
