India is not a 'Dharmshala' for illegal migrants!

Indeed, the judiciary all over the world seems to be trapped between the devil and the deep sea when pleas of law-breakers, criminals, including the dreaded ones such as terrorists, extremists, Jihadis and killers are advanced in the courts by the advocates of human rights. Forgetting the maxim that law protects those who protect the law, the anti-national, anti-social and anti-human elements often go scot free after committing heinous crimes and disturbing the peace and harmony in the society.

And in a rare cases when caught by the law enforcing agencies, lots of hue and cry is made against their arrest and prosecution all in the name of their human rights. Poor innocent victims get no justice at the end of the day. This is a very serious matter and requires consensus of all the three pillars of our Constitution, viz. Legislature, Executive and the Judiciary.

A case on hand is: Marium Khatoon vs State of Bihar wherein the Patna High Court vide its order dated April 7, inter alia, enquired from the Union government as to how it would deal with the petitioner, a Bangladeshi illegal migrant, if the government of Bangladesh refused to take her back. There are other queries too, which the High Court has posed. That apart, a three-member advocate commission has also been constituted to study the living conditions of the illegal migrants lodged in the 'After Care Home'.

Showing humanitarian concern for the illegal migrants is okay, more so when our country is known for its 'Atithi Devo Bhavah' or treating the guests as God since times immemorial. But showing concern for the future of the illegal migrants in case their native country refuses to take them back seems to be stretching the humanitarian concern too much.

Recently, the Supreme Court has shown the way in such a case. The court while dealing with the Rohingya Muslims in Jammu made it clear what to do with their citizens who have illegally migrated to India is not our concern, but the matter to be dealt by Myanmar. Thus, when the Supreme Court of India has thought it fit not to transgress into the jurisdiction of other countries, it is too much on the part of the Patna High Court to show concern for such illegal migrants on the basis of assumption that what would be their fate in case Bangladesh refused to take back such illegal immigrants.

Truly speaking, these are the policy matters to be decided by the government and the courts in India have always refrained from entertaining such contentious issues. So far as the question of basic human rights are concerned, let the courts show any amount of sympathy (which they don't deserve, in any case), but let the courts even in their wildest dreams not think of granting such illegal migrants permanent asylum in India.

Like any sovereign country, we too, have our own concerns. We are already a home for about 135 million and adding to this number any illegal migrants would be suicidal, particularly when many of them have been in the 'Wanted List' for heinous crimes such as massacre, rape and loot, while others have been sheltered as pawns to materialise Jihadi dreams in future.

Seen in this context, we need to devise a two-pronged policy. One, seal all borders of the country and give full powers to the security forces and army to stop all illegal immigrants from entering our country at any cost; and two identify and imprison all illegal immigrants from any country and their sponsors and givers of shelters within the country. As the present police force will not be sufficient to carry out such a mammoth task, services of neighborhood watch and SPOs from among retired security and defence forces and other civilians with unimpeachable integrity may be availed. Such a concentrated effort alone will save the country from becoming a Dharmshala for the illegal immigrants.

Offer of peanut payment irks TS HC

A division bench of Chief Justice Hima Kohli and Justice B Vijaysen Reddy took exception to the offer of the Telangana State government to pay a monthly remuneration of Rs 5,000 to the chairman of the appellate body for the Pollution Control Board.

As per the law, the appellate body should be headed by a retired Judge of the High Court. The State government recently addressed a letter to the Registry of the High Court requesting for the recommendation of a name for it for this purpose.

However, the State government's moves boomeranged when the court came down heavily on the government which had lowered the status of a High Court Judge by offering a paltry sum as remuneration, and directed the Advocate General to come back with a more honourable proposal.

Chief Justice Bobde retires with 'mixed feelings'

The Chief Justice of India Sharad A Bobde demitted his office as the 47th CJI on April 23 and CJI-designate Justice N V Ramana will assume the august position of CJI soon.

On his last working day, CJI Bobde heard the a suo motu case, Distribution of Essential Supply and Services during pandemic. During the hearing of the last matter by the outgoing CJI, lots of acrimonious exchanges were seen in the court hall between the Solicitor General and other side counsels. This unpleasant court hall exchanges made the outgoing CJI remark that he was having mixed feelings. Meanwhile Amicus Curiae Harish Salve recused himself from Covid-19 suo motu case for which the apex court granted permission.

Unfortunately, with the apex court taking suo motu cognizance of the second wave of Covid-19 spread, an avoidable controversy had arisen. Some of the State High Courts which were seized with the matters relating to Covid-19 pandemic such as availability of beds in the hospitals, oxygen cylinders and medicine with the backing of some lawyers have risen a bogey about the need for the intervention from the Supreme Court.

While it is true that under the Constitution, the Supreme Court of India is all powerful in the matters of law and its administration, it is high time that all the concerned bury their hatchets in this critical hour of national medical emergency and work in sync with other authorities for dealing effectively with the monster of Covid-19.