The Delhi High Court dismissed a plea to deport alleged illegal migrants like Bangladeshis and Rohingyas from areas including Shaheen Bagh. The court cited vague, unsubstantiated allegations and refused to order a ‘fishing and roving inquiry’.
The Delhi High Court has dismissed a petition seeking directions to deport alleged illegal migrants, including Bangladeshis and Rohingyas, from areas such as Kalindi Kunj, Batla House, Shaheen Bagh, Shram Vihar, Taimur Nagar and Majnu Ka Tila. The Court held that no omnibus direction could be issued on the basis of vague and unsubstantiated allegations, as it would amount to ordering a “fishing and roving inquiry.”
Justice Purushaindra Kumar Kaurav dismissed the writ petition filed by MA Burney, holding that the allegations were general in nature and unsupported by any prima facie material. The Court said it could not issue a writ of mandamus requiring authorities to conduct a fishing and roving inquiry into allegations that had not been substantiated.
Petitioner’s Plea and Official Response
The petitioner had sought directions to deport alleged illegal migrants, mostly from Bangladesh and the Rohingya community, who were claimed to be living near the Yamuna river at Kalindi Kunj, Batla House, Shaheen Bagh, Shram Vihar, Taimur Nagar and Majnu Ka Tila. The plea also sought action against local residents allegedly providing them shelter and police protection for the petitioner.
According to the status report filed by the respondents, no formal complaint regarding the alleged presence of illegal migrants had ever been lodged by the petitioner at Sarita Vihar Police Station. The police stated that a local inquiry was conducted, but no instance of illegal migrants residing in the concerned areas was found.
The authorities also submitted that the petitioner had not furnished the names or particulars of any alleged illegal migrant, making verification impossible. The respondents further informed the Court that several earlier petitions filed by the petitioner had been dismissed for lacking substance. They also placed on record details of multiple FIRs registered against the petitioner under various provisions of the Indian Penal Code and other laws.
Court’s Reliance on Legal Precedents
While dismissing the petition, the High Court relied on the Supreme Court’s judgment in Mohammad Ismail v. Union of India, which held that vague and sweeping allegations without supporting material cannot justify judicial intervention or a roving inquiry.
The Court also referred to the Calcutta High Court’s decision in Bhodu Sekh v. Union of India, which held that issues relating to citizenship must be decided on the basis of evidence and in accordance with the prescribed legal procedure.
It further relied on its own judgment in Qadir Ahmed v. State (NCT of Delhi), reiterating that identification and deportation of foreign nationals fall within the exclusive domain of the executive and that judicial review in such matters is limited.
Final Ruling
Observing that the petition contained only sweeping allegations without any factual foundation, the Court held that no omnibus direction could be issued requiring authorities to identify and deport alleged illegal migrants. It accordingly dismissed the writ petition along with the pending applications. (ANI)
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