The Supreme Court of India on Monday refused a Sri Lankan citizen's plea seeking refuge, stating that India is not a dharamshala (free shelter) that can entertain refugees from all over the world.
The remark came when a bench comprising Justice Dipankar Datta and Justice K Vinod Chandran was hearing a petition by a Sri Lankan national. The petitioner was arrested in 2015 on suspicion of being linked to the Sri Lanka-based terror organization Liberation Tigers of Tamil Eelam (LTTE).
He was convicted in 2018 under the Unlawful Activities (Prevention) Act and was sentenced to 10 years in jail.
However, he was granted relief by the Madras High Court in 2022, which reduced his sentence to seven years with the condition that he would leave India upon release from prison.
Citing danger to his life, the Sri Lankan national argued before the court that he had arrived in India on a visa and that his family had settled in the country.
In response, Justice Datta said, "Is India to host refugees from all over the world? We are struggling with a population of 140 crore. This is not a dharamshala that we can entertain foreign nationals from all over."
The court ruled that the petitioner’s detention complies with Article 21 of the Constitution, as it followed due legal procedures. The bench, led by Justice Datta, noted that the fundamental rights under Article 19 (including freedom of speech and movement) apply exclusively to Indian citizens, thereby questioning the petitioner’s right to settle in India. When the petitioner’s lawyer emphasized his refugee status and the life-threatening conditions in Sri Lanka, the court suggested that he consider relocating to another country instead.
