The Supreme Court of India has declared that though India does not have any international or bilateral treaty for according refugee status to foreigners seeking asylum in the country, the judiciary recognises the right of the asylum seekers to seek refugee status.
"There is some dichotomy in this regard. The executive does not recognise the refugee status, but the Indian judiciary recognises the same as we did in the case of Chakma refugees from Bangladesh," a Supreme Court bench comprising of Justice C.K. Thakker and Justice Markandeya Katju observed.
The Court also reiterated that the foreigners living in India are entitled to the protection of the right to life and liberty as guaranteed by Article 21 of the Constitution.
The Supreme Court made these observations while directing the Centre to file, within two weeks, its reply to an appeal filed by Iranian national Fred Babakhanian to challenge his deportation. The appellant was earlier arrested by the West Bengal police for overstaying his visa limit and spent three years in jail. Subsequently, the Kolkata high court asked the authorities to hand him over to the Iranian embassy for his deportation, following which he moved the top court.
Source: The Asian Age
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