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SC said in rejecting Lanka’s plea that India is not a foreigner’s “Dharamshala”

India’s Supreme Court on Monday refused to allow a Sri Lankan man to settle in India after a seven-year prison sentence. The court said India has a population of 14 billion and cannot be a Dharamsala (free shelter) for people from other countries.

The man, a Sri Lankan national, was arrested for contact with Tamil Eelam (LTTE), a banned separatist organization in Sri Lankan. In 2018, a court in Tamil Nadu was convicted under the Illegal Activities (Prevention) Act (UAPA) and sentenced him to 10 years in prison. However, the Madras High Court reduced his sentence to seven years in 2022 and directed him to be kept in refugee camps until deportation.

Now, after completing his term in prison, the man asked the court to allow him to stay in India. His lawyer argued that his wife and children had settled in the country and that he enjoyed the right to life and freedom of movement.
But Justices Dipankar Datta and K Vinod Chandran disagreed. They said that despite his right to life, he did not have the right to settle in India. “Is India Dharamshala receiving refugees from all over the world?” asked Judge Data. “We are already struggling with a population of 14 billion.”

The man’s lawyer also said returning to Sri Lanka could endanger his life because he has links to the LTTE. The court replied that he could consider moving to another country. “What is your right to settle here?” the bench questioned.


Earlier on May 8, a judge of three judges made similar comments when lawyers Colin Gonsalves and Prashant Bhushan asked the court to prevent India from deporting Rohingya Muslims to Myanmar. “The right of residence applies only to Indian citizens. Foreigners are not available,” the bench said.Input from TOI

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