Rejecting the plea to issue refugee permit to Rohingya refugees, Ministry of Home Affairs has filed fresh affidavits in the Apex Court saying there can not be any such direction regarding the permit to enter Indian.
Securing its borders in accordance with law is the essential function of any sovereign nation and the court should desist from interfering.
Filling an affidavit on pleas seeking to halt the alleged "pushback" of Rohingya refugees at the borders, the Home Ministry told the court that securing the country's borders is essentially an "executive function" and urged the court not to direct it and the state governments to allow foreigners to enter illegally.
Responding to a petition filed by two Rohingya refugees who accused the BSF of using chilli and stun grenades to push back refugees at the border, the affidavit said the MHA had sought a report from the BSF following this and found that the charges were "false, incorrect and far from truth".
"India is already facing serious problem of infiltration because of its porous border with other countries, which is the root cause of spread of terrorism", it said.
"The steps being taken by any border guarding force is strictly in accordance with the law, in larger public interest and in the interest of nation".
The Rohingya Muslims are fleeing Myanmar for fear of religious persecution.
As far as issuing them identity certificates was concerned, the Centre said, "India being not a signatory to UN Convention of 1951 on the Status of Refugees and the Protocol of 1967 and there being no law passed by the Parliament with regard to refugees, there can not be any issuance of refugees identification card to any person".
The affidavit added that it was not in the nation's interest to stop the deportation due to the country's unique geographical position.
The affidavit also spelt out the reason why Rohingyas can not be treated at par with Lankan Tamil refugees.
It also submitted that government can not issue any identification cards to the Rohingya refugees, as India is not a signatory to the Convention.
"Under the India-Sri Lanka bilateral agreements of 1964 and 1974, India had agreed to repatriate and grant Indian citizenship to six lakh persons of Indian origin together".