Govt's action in detaining & confining Rohingyas to Cherlapally Prison illegal

The Telangana High Court Division Bench comprising Justice Shameem Akhter and Justice EV Venugopal, on Thursday allowed all the 5 Writ Petitions filed by the Rohingyas staying in Hafeez Baba Nagar, Hyderabad. Further, the High Court bench in its order said that the detention of the Rohingyas by the State is illegal as per Section 3(2)g of the Foreigners Act, 1946.

The Division Bench passed its orders in the batch of 5 Writ Petitions filed by Rohingyas who are staying in Roshan Ud Daula, Hafeez Baba Nagar, Hyderabad, challenging GO. Rt. No 538 dated 04-10-2021, through which they are confined and detained in the Cherlapally Central Jail, pending deportation process and trial of criminal cases against them.

The Petitioners informed the Court that the State has no power to detain and confine the Rohingyas to Prison. It is the Central government, which has the power to make such an order under section 3(2)(g) of the Foreigners Act, 1946, and this power is not delegated to the State.