|
Mohammad Salimullah V. Union Of India
''Mohammad Salimullah v. Union of India'' (Writ Petition (Civil) 793 of 2017), is a petition challenging the deportation of Rohingya Muslims who had taken refuge in India to escape persecution in Myanmar. The court however, in an interim order rejected any relief and allowed their deportation subject to proper procedure being followed. Background In 2017, Indian government sources estimated that around 40,000 Rohingya Muslims were living in different parts of the country, having entered India illegally and around 10,000 were in Jammu & Kashmir. Petitioners Mohammad Salimullah and Mohammad Shaqir, sought interim relief against the deportation of these people and also sought the release of over 150 Rohingya refugees reportedly detained in a Jammu jail. Significance The petitioners argued that deportation by the Indian government would violate the rights guaranteed under Articles 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty) of the Indian Constitut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters except for personal laws and interstate river disputes, and also has the power of judicial review. The Chief Justice of India is the Head and Chief Judge of the Supreme Court, which consists of a maximum of 34 judges, and has extensive powers in the form of original, appellate and advisory jurisdictions. New judges here are uniquely nominated by existing judges and other branches of government have neglible say as the court follows collegium system for appointments. As the apex and most powerful constitutional court in India, it takes up appeals primarily against verdicts of the High Courts of various states of the Union and other courts and tribunals. It is required to safeguard the fundamental rights of citizens and settles dispute ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharad Arvind Bobde
Sharad Arvind Bobde (born 24 April 1956) is an Indian judge who served as the 47th Chief Justice of India from 18 November 2019 to 23 April 2021. He is a former Chief Justice of the Madhya Pradesh High Court. He is also serving as the Chancellor of Maharashtra National Law University, Mumbai and Maharashtra National Law University, Nagpur. He had a tenure of eight years in the Supreme Court of India and retired on 23 April 2021. On 24 April 2021, N. V. Ramana succeeded him as the CJI. Family and early life Bobde comes from a Nagpur-based family. His great-grandfather Ramachandra Pant Bobde, a Deshastha Rigvedi Brahmin was a noted lawyer in Chandrapur (erstwhile Chanda) between 1880 and 1900. The family later moved to Nagpur. His grandfather Shrinivas Ramachandra Bobde was also a lawyer. Bobde's father Arvind Shrinivas Bobde was advocate-general of Maharashtra in 1980 and 1985. Bobde's elder brother late Vinod Arvind Bobde was a senior Supreme Court lawyer and a constitutio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 14 Of The Constitution Of India
Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the States and union territories of India, territory of India. It states:"The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." Reasonable Classification and Non-Arbitrariness Article 14 guarantees equality to all persons, including Indian nationality law, citizenscorporations and The Foreigners Act, 1946, foreigners. Its provisions have come up for discussion in the Supreme_Court_of_India, Supreme Court in a number of cases and the case oRam Krishna Dalmia vs Justice S R Tendolkarreiterated its meaning and scope as follows. Article 14 permits classification, so long as it is 'reasonable', but forbidclass legislation A classification of groups of people is considered reasonable when: # The classification is based upon intelligible differentia that distinguishes persons or things that are gr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non-refoulement
Non-refoulement () is a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country in which they would be in likely danger of persecution based on "race, religion, nationality, membership of a particular social group or political opinion". Unlike political asylum, which applies to those who can prove a well-grounded fear of persecution based on certain category of persons, non-refoulement refers to the generic repatriation of people, including refugees into war zones and other disaster locales. It is a principle of customary international law, as it applies even to states that are not parties to the 1951 Convention Relating to the Status of Refugees or its 1967 Protocol. It is also a principle of the trucial law of nations. It is debatable whether non-refoulement is a ''jus cogens'' of international law. If so, international law would permit no abridgments for any purpose or under any circumstances. The debate over t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deportation
Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation is more used in national (municipal) law. Forced displacement or forced migration of an individual or a group may be caused by deportation, for example ethnic cleansing, and other reasons. A person who has been deported or is under sentence of deportation is called a ''deportee''. Definition Definitions of deportation apply equally to nationals and foreigners. Nonetheless, in the common usage the expulsion of foreign nationals is usually called deportation, whereas the expulsion of nationals is called extradition, banishment, exile, or penal transportation. For example, in the United States: "Strictly speaking, transportation, extradition, and deportation, although each has the effect of removing a person from the country, are differe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rohingya People
The Rohingya people () are a stateless Indo-Aryan ethnic group who predominantly follow Islam and reside in Rakhine State, Myanmar (previously known as Burma). Before the Rohingya genocide in 2017, when over 740,000 fled to Bangladesh, an estimated 1.4 million Rohingya lived in Myanmar.UNHCR news briefing, 20 October 2020, https://www.unhcr.org/news/briefing/2020/10/5f8d7c004/unhcr-calls-solidarity-support-solutions-rohingya-refugees-ahead-urgent.html,accessed December 20, 2020 Described by journalists and news outlets as one of the most persecuted minorities in the world, the Rohingya are denied citizenship under the 1982 Myanmar nationality law. There are also restrictions on their freedom of movement, access to state education and civil service jobs. The legal conditions faced by the Rohingya in Myanmar have been compared to apartheidIbrahim, Azeem (fellow at Mansfield College, Oxford University, and 2009 Yale World Fellow"War of Words: What's in the Name 'Rohingya'?" ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rohingya Genocide
The Rohingya genocide is a series of ongoing persecutions and killings of the Muslim Rohingya people by the Burmese military. The genocide has consisted of two phases to date: the first was a military crackdown that occurred from October 2016 to January 2017, and the second has been occurring since August 2017. The crisis forced over a million Rohingya to flee to other countries. Most fled to Bangladesh, resulting in the creation of the world's largest refugee camp,Sengupta, Somini and Henry Fountain"The Biggest Refugee Camp Braces for Rain: 'This Is Going to Be a Catastrophe'; More than half a million Rohingya refugees face looming disaster from floods and landslides...,"14 March 2018, ''New York Times,'' retrieved 26 May 2020''The 2010 – 2020 UN News Decade in Review,'' par ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interlocutory Injunction
An interlocutory injunction is a court order to compel or prevent a party from doing certain acts pending the final determination of the case. It is an order made at an interim stage during the trial, and is usually issued to maintain the status quo until judgment can be made. Jurisdictions Australia In Australia, the High Court in '' ABC v Lenah Game Meats''. stated that the purpose of the interlocutory injunction is to preserve identifiable legal or equitable rights.See . The basic proposition remains that where interlocutory injunctive relief is sought in a Judicature system court, it is necessary to identify the legal (which may be statutory) or equitable rights which are to be determined at trial and in respect of which there is sought final relief which may or may not be injunctive in nature. In another Australian High Court decision, ''Castlemaine Tooheys Ltd v South Australia'',. Mason CJ outlined another requirement for establishing an interlocutory injunction. He sug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jammu And Kashmir (state)
Jammu and Kashmir was a region formerly administered by India as a state from 1952 to 2019, constituting the southern and southeastern portion of the larger Kashmir region, which has been the subject of a dispute between India, Pakistan and China since the mid-20th century. (subscription required) Quote: "Jammu and Kashmir, state of India, located in the northern part of the Indian subcontinent in the vicinity of the Karakoram and westernmost Himalayan mountain ranges. The state is part of the larger region of Kashmir, which has been the subject of dispute between India, Pakistan, and China since the partition of the subcontinent in 1947." Quote: "Jammu and Kashmir: Territory in northwestern India, subject to a dispute between India and Pakistan. It has borders with Pakistan and China." The underlying region of this state were parts of the former princely state of Jammu and Kashmir, whose western districts, now known as Azad Kashmir, and northern territories, now known as Gi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Convention Relating To The Status Of Refugees
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951, is a United Nations multilateral treaty that defines who a refugee is, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify as refugees, such as war criminals. The Convention also provides for some visa-free travel for holders of refugee travel documents issued under the convention. The Refugee Convention builds on Article 14 of the 1948 Universal Declaration of Human Rights, which recognizes the right of persons to seek asylum from persecution in other countries. A refugee may enjoy rights and benefits in a state in addition to those provided for in the Convention. The rights created by the Convention generally still stand today. Some have argued that the complex nature of 21st century refugee relationships calls for a new ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Protocol Relating To The Status Of Refugees
The Protocol Relating to the Status of Refugees is a key treaty in international refugee law. It entered into force on 4 October 1967, and 146 countries are parties. The 1951 United Nations Convention Relating to the Status of Refugees restricted refugee status to those whose circumstances had come about "as a result of events occurring before 1 January 1951", as well as giving states party to the convention the option of interpreting this as "events occurring in Europe" or "events occurring in Europe or elsewhere". The 1967 Protocol removed both the temporal and geographic restrictions. This was needed in the historical context of refugee flows resulting from decolonisation. Madagascar and Saint Kitts and Nevis are parties only to the convention, while Cape Verde, the United States of America and Venezuela are parties only to the protocol. The protocol gave those states which had previously ratified the 1951 Convention and chosen to use the definition restricted to Europe th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.JPG "Click for more on -> Deportation")
