Telangana High Court Directs State to Obtain Instructions in Plea by Rohingya Refugees Against Deportation and Detention
Safiya Malik
The Telangana High Court directed the State to obtain instructions regarding a plea filed by a Rohingya refugee woman and her son challenging their deportation and alleged detention without adherence to due process.
The petitioners, a woman and her 17-year-old son, claimed to be Rohingya refugees who fled Myanmar due to genocide and have been residing in India since June 2024. The plea states that the son entered India in March 2024. The petitioners are registered with the United Nations High Commissioner for Refugees (UNHCR) and possess valid refugee identification issued by the agency.
The plea alleges that the petitioners were "unlawfully detained on and off" by the Central Investigation Department (CID) from December 15, 2024, onwards. They were taken to the Bahadurpura Police Station on December 15, 2024, and detained until December 26, 2024, under the pretext of deportation to Bangladesh. The petitioners were released on the condition that they leave Telangana and India immediately.
The petitioners argued that their detention and the initiation of the deportation process violate procedural safeguards and their rights as asylum seekers. They contended that as refugees registered with UNHCR, they are entitled to lawful residence and protection in India.
The plea also sought directions for the respondents, including the State of Telangana, the Director General of Police Telangana, the Police Commissioner Hyderabad, the Central Investigation Department, and the Station House Officer of Bahadurpura Police Station, to consider their case for a Long-Term Visa in accordance with the internal guidelines issued by the Ministry of Home Affairs in 2011.
The petitioners submitted that Rohingya Muslims face religious persecution, arbitrary arrests, deaths in detention, forced displacement, and other grave violations of international law in Myanmar. They cited a report titled “Situation of human rights of Rohingya Muslims and other minorities in Myanmar” to highlight the systematic targeting of Rohingyas through arbitrary arrests, destruction of civilian properties, sexual violence, and restrictions on fundamental rights such as freedom of religion and peaceful assembly.
The counsel for the petitioners argued that India lacks a formal refugee law but referred to a Standard Operating Procedure (SOP) issued in 2011 by the Ministry of Home Affairs. According to the SOP, in cases where refugees have a prima facie fear of persecution, State Governments are authorized to issue Long-Term Visas after conducting a security verification. The plea stated: “The Rohingyas in India are refugees and not economic migrants or illegal immigrants, and based on their refugee status, the Government of India recognizes them as candidates for holding Long-Term Visas (LTV) or resident permits as per the internal guidelines.”
The petitioners contended that the Government of India’s recognition of their refugee status obliges it to safeguard their rights and issue them appropriate documentation for lawful residence in the country.
Justice B. Vijaysen Reddy directed the petitioners to implead the relevant Central Government Departments as respondents to the writ petition. The court stated: “The petitioners are directed to implead the concerned Central Government Departments as respondents in this writ petition by the next date of hearing.”
The court further directed the Assistant Government Pleader for Home to secure instructions from the authorities concerned regarding the petitioners’ claims and the circumstances surrounding their detention and the initiation of deportation proceedings. It recorded:
“Learned Assistant Government Pleader for Home shall get instructions by the next date of hearing.”
The court issued the following directives:
- The petitioners were instructed to implead the concerned Central Government Departments to ensure that all necessary parties are included in the proceedings.
- The Assistant Government Pleader for Home was directed to secure instructions from the relevant authorities to provide clarity on the petitioners’ claims and the measures taken by the respondents.
- The matter has been scheduled for further hearing on January 28, 2025, allowing sufficient time for compliance with the directives.
Case Title: Hajera Bibi and Another v. State of Telangana and Others
Case Number: W.P. No. 1091 of 2025
Bench: Justice B. Vijaysen Reddy
[Read/Download order]
