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Journalism of Courage
Expressing concerns regarding the operations of the United Nations High Commission for Refugees (UNHCR) in India, the Supreme Court remarked during a recent hearing that “they have opened a showroom here and are issuing certificates.”
A bench of Justices Surya Kant and Joymalya Bagchi declined to grant any interim protection from arrest to a Sudan national and his family, while their request for asylum in Australia is processed.
On October 6, his counsel submitted before the bench that UNHCR has provided the family with refugee cards, adding that the process of granting refugee cards is not easy and “takes quite some time”. The counsel said, “they do a lot of checking, counter checking and they analyse it. It takes some years to get it.”
The counsel claimed that those accorded refugee status by the UNHCR are treated differently even by the Ministry of Home Affairs and Foreigners Regional Registration Office (FRRO) and given more weightage.
Justice Kant remarked, “They have opened a showroom here and they are issuing certificates to… don’t want to make a comment on them.”
The counsel said he was only seeking interim protection until the family’s request for asylum in Australia goes through. He said that in the last two months, Africans were being suddenly picked up and the family was apprehensive due to this.
Justice Bagchi pointed out that India was not a signatory to the 1951 UN Convention on Refugees and there is no legal right under the municipal laws. Refusing to entertain the request for protection, Justice Kant said, “we have to be very very careful… lakhs and lakhs are sitting here…”
The counsel submitted that they had also approached the NHRC, which had taken cognisance of the issue. Disposing of the plea, the bench observed the petitioner may approach the Commission for any further direction.
