ITEM NO.38 COURT NO.2 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Criminal) No(s).204/2025 MOHAMMAD ISMAIL & ANR. Petitioner(s)
VERSUS
UNION OF INDIA Respondent(s) (IA No. 126678/2025 - GRANT OF INTERIM RELIEF, IA No. 126679/2025 -
PERMISSION TO FILE LENGTHY LIST OF DATES)
Date : 16-05-2025 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) :Mr. Colin Gonsalves, Sr. Adv. Mr. Manik Gupta, Adv.
Mr. Satya Mitra, AOR
Mr. Dilwar Hussain, Adv.
For Respondent(s) :
UPON hearing the counsel the Court made the following
O R D E R
1. Heard learned senior counsel for the petitioners.
2. The issues revolving around the reliefs sought for 'Rohingyas' have been referred to a three-Judge Bench under the orders of Hon'ble the Chief Justice of India. Those matters came up for hearing before the three-Judge Bench on 08.05.2025. There was a specific prayer to issue interim directions pursuant to which learned counsel for the parties were heard at length. However, having regard to a self-speaking order dated 08.04.2021 passed by a coordinate Bench comprising three judges in I.A. No.38048/2021, the prayer for interim directions was declined. The main case is now listed before the three-Judge Bench on 31.07.2025.
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3. The instant writ petition has been filed on the premise that on the very same day after the above-mentioned order was passed by three-Judge Bench on 08.05.2025, the petitioners got a distressing information from their relatives (in Myanmar), who have "somehow managed to reach the shore and asked local fishermen to place a call".
4. After talking to them on phone, the petitioners allegedly came to know as to how in a totally inhuman and barbaric manner a group of Rohingyas has been forcibly deported to Myanmar.
5. We, however, find it extremely difficult to be swayed by what the petitioners have alleged. There is absolutely no material on record to substantiate the vague, evasive, and sweeping averments made in the writ petition. Unless the bald allegations are supported with some prima facie material, it is difficult for us to sit over the interim order passed by a larger Bench on 08.05.2025 and indulge in any roving enquiry.
6. Consequently, we direct that let this matter be also heard along with W.P.(C) No.859/2013 on the date fixed, i.e., 31.07.2025. The petitioners, meanwhile, are directed to submit a copy of the paperbook to the offices of the learned Attorney General for India and the learned Solicitor General of India to enable them to have appropriate instructions from the Authorities of the Government of India.
(ARJUN BISHT) (PREETHI T.C.)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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