Rohingya case: High Court reserves orders

HYDERABAD: A Division Bench of the Telangana High Court comprising
Justice Shameem Akhter and Justice E.V. Venugopal on Monday reserved orders in a batch of five Writ Petitions filed by Rohingya who are staying in Roshanuddaula H a f e e z b a b a n a g a r, Hyderabad, “aggrieved” by the action of the TS government in issuing GO. Rt. No. 538 Law department on October 4, 2021, through which some of their relatives have been confined and detained in the Cherlapally Central Jail pending deportation process and trial of criminal cases against them.

Their contention is that the impugned order which is issued under Section 3(2)(e) of the Foreigners Act, 1946 is “exercise of power under Section 3(2)(g) which is not delegated to the state government under the notification issued by government of India of January 19, 1958”.

Further, they contended that “Only Centre can issue an order of detention u/s.3(2)(g) of the Foreigners Act, 1946, the same is not delegated to state”.

Arguing for the Centre, Additional Solicitor General T. Surya Karan Reddy informed the court that the Telangana state government has issued the GO pursuant to the delegation of power under the Foreigners Act, and the word “detained” used in the GO confines the Rohingya to a particular place, pending trial of criminal cases against them.