Telangana HC Asks State To Get Instructions On Plea By Rohingya Refugees Against Deportation From India, On-And-Off Detention

The Telangana High Court has asked the State to get instructions on a Rohingya refugee woman's plea against the deportation process initiated against her and her 17-year-old son as well as their "on and off detention" without following due process of law. 

The petitioners have also sought a direction to the respondents–which includes the State, Director General of Police Telangana, Police Commissioner Hyderabad, Central Investigating Department and Station House Officer Bahadurpura police station–to consider their case for a Long-Term Visa in accordance with the internal guidelines.

Justice B. Vijaysen Reddy in his January 10 order said, "The petitioners are directed to implead the concerned Central Government Departments as respondents in this writ petition by the next date of hearing. Learned Assistant Government Pleader for Home shall get instructions by the next date of hearing". The matter is next listed on January 28. 

The petitioners have approached the high court on the premise that they are refugees who fled genocide in Myanmar and came to India in June 2024. The plea states said the woman's son also came to India in March 2024. The plea states that the Petitioners are Rohingya refugees registered with the United Nations High Commissioner for Refugees (UNHCR) in India and have been residing lawfully in India as asylum seekers, having a "valid refugee identification issued by the UNHCR". 

She said that she has been lawfully residing with her son and has completely integrated into the local society. The petitioners claim that they were "unlawfully detained on and off" by Respondent No.4–CID on December 15, 2024 onwards adding that the officers of respondent no. 4 took the petitioners to the respondent no. 5 police station where they were kept till December 26, 2024 on the "pretext of deportation to Bangladesh" and were later released  with the condition that the petitioners leave Telangana and India immediately.

The counsel on behalf of the petitioner contended that the Rohingya Muslims from Bangladesh to Myanmar were facing extreme religious persecution which had been confirmed as a genocide.

Relying on the latest report on “Situation of human rights of Rohingya Muslims and other minorities in Myanmar", the petitioner counsel contended that the Rohingya Muslims were facing the gravest crimes under international law including of arbitrary arrests, deaths in detention, torture and other cruel, inhuman or degrading treatment or punishment, the deliberate killing and maiming of children, forced labour, the use of school buildings for military purposes, indiscriminate shelling in civilian areas, the destruction of buildings, homes and civilian properties among others.

The report states that Rohingya Muslims have faced socioeconomic exploitation, forced displacement, hate speech and incitement to hatred, and sexual and gender-based violence against women and children, as well as restrictions on exercising the rights to freedom of religion or belief, of expression and of peaceful assembly, in particular in Rakhine, Chin, Kachin, Shan, Kayah and Kayin States and Sagaing and Mandalay regions.

The petitioner counsel conceded that although there was no refugee law at present in India, the Central Government had circulated a Standard Operating Procedure (SOP) in 2011 and referred to internal guidelines. That as per the SOP in cases where there is prima facie well-founded fear of persecution, the State Government after due security verification issue the foreigner a Long Term Visa, which would permit the foreigner to reside in India and take up employment.

“That the Rohingyas in India, are refugees and not economical migrants or illegal immigrants and based on their refugee status, the Government of India recognizes them as a candidate to hold Long Term Visa (LTV)/ resident permit as per the internal guidelines on Refugee issued by Ministry of Home Affairs, Government of India dated 29.12.2011 relating to the refugees,” the plea states.

Case Title: Hajera Bibi and Another vs State of Telangana and Others

Case No: W.P. No.1091 of 2025

Counsel for petitioners: M A SHAKEEL

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