Hyderabad: The Telangana High Court reserved its orders on a batch of petitions that challenged the detention and confinement of Rohingyas on Monday.
The government’s ruling, which has been contested, called for keeping the Rohingya in Cherlapally Central Jail while they were being deported and facing criminal charges in instances they were allegedly associated with.
Mohammad Tahir and four others filed a set of writ petitions challenging the imprisonment and confinement of Rohingya as a result of a state government order.
To challenge the state government’s GO, the petitioners—relatives of the Rohingya prisoners—filed habeas corpus writ petitions in the High Court.
The petitioner’s main argument was that the impugned order, which was issued under Section 3(2)(e) of the Foreigners Act, 1946, was a colourable exercise of a power under Section 3(2)(g) that had not been delegated to the state government by the Government of India, and that foreigners could only be arrested and detained under Section 3(2)(g).
The petitioners’ attorneys said to the court during the hearing that the Telangana government lacked the authority to issue the GO which resulted in the detention and incarceration of the Rohingyas. The counsels also criticised the Telangana government’s decision to confine them to the prison because the order required that they be held there, but nowhere in the GO, the Central.
The counsels further criticised the Telangana government’s decision to confine them to the prison because the order required that they be detained at a specific location, yet nowhere in the GO is the Central Prison designated as a detention facility.
The Ministry of Home Affairs released rules about model detention centres/camps, and all of the facilities listed in those guidelines are being used.
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