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The Chief Justice of India Justice (CJI) NV Ramana today while hearing a mentioning of BJP leader and advocate Ashwini Upadhyay seeking listing of his plea which has sought detection and deportation of Rohingya-Bangladeshi infiltrators, remarked, “These are definitely important issues, however what is the purpose of elected representatives?”

The case was mentioned by Upadhyay today morning, he added that, “5 crore illegal immigrants are using our resources.”

The CJI responded to it by stating that the courts have to hear his case everyday. The CJI said, “These are all political issues, make representation before the government.”

Upadhyay submitted that notice has been issued to all the States in this matter and the States have come forward and filed their counter affidavits.  The CJI then told Solicitor General Tushar Mehta, who was present in the court, that the court would list the matter if the centre was ready.

The writ petition filed by Ashwini Kumar Upadhyay under Article 32 of the Constitution of India seeks the court to issue a write of mandamus to

1. Direct the Central and State Governments to identify, detain and deport all the illegal immigrants & infiltrators, including Bangladeshis and Rohingyas within one year;
2. Diect the Central and State Governments to amend the respective laws to make illegal immigration & infiltration, a cognizable non-bailable and non-compoundable offence;
3. Direct the Central and State Government to declare the making of forged/fabricated PAN Cards, AADHAR Cards, Passport, Ration Cards and Voter Cards and such other documents, a non-bailable, non-compoundable and cognizable offence and amend respective laws accordingly;
4. Direct the Central and State Governments to identify the travel agents, government employees & other such people, who directly/indirectly provide PAN Card, AADHAR Cards, Ration Cards, Passport and Voter Cards to illegal immigrants and infiltrators and take stern against them.

The present PIL was filed after it was informed by the Centre to Rajya Sabha last year, about the fact of 20 million illegal Bangladeshi migrants living in India.

The petitioner prayed for issuance of directions to the Central & State Govt to amend the respective laws to make illegal migration & infiltration a cognizable non-bailable & non-compoundable offence; declare the making of forged/ fabricated PAN Cards, AADHAR Cards, Passport, Ration Cards & Voter Cards & such other documents, a non-bailable, non-compoundable & cognizable offence & amend the laws accordingly; identify the travel agents, government employees & other such people, who directly/indirectly provide PAN Cards, Passport & Voter Cards to illegal immigrants & infiltrators & take stern action against them.  

“The large scale illegal migrants, particularly from Myanmar & Bangladesh, have not only threatened the demographic structure of bordering districts but have seriously impaired the security & national integration, particularly in the present circumstances. The need for expeditious identification of illegal migrants is more pressing now than ever. It is not a matter of dealing with a religious or linguistic group but a question of identifying those who illegally crossed over the border & continue to live in India contrary to law & Constitution.”, the plea states. 

Case title: Ashwini Kumar Upadhyay Vs Union of India