The Delhi High Court on Tuesday issued notice to the Ministry of External Affairs (MEA) and sought a report on the plea of a Rohingya woman who is lodged in a detention centre for more than a period of six months. Justice Prathiba M Singh impleaded MEA as a respondent in the matter and sought a status report if the feedback has been received from Myanmar.
The High Court also sought a response from the Foreigners Regional Registration Office (FRRO) on whether there is an objection if the petitioner’s sister is released from the detention centre subject to certain conditions imposed on her considering that the Petitioner’s sister has a three years old son who is living with his aunt. Let a status report be filed, the court said. The matter has been listed on April 28.
Advocate Ujjaini Chatterjee counsel for the petitioner filed a reply. She submitted that there is a rule that if a person is detained at a Centre and deported within six months, the period should be released from the detention centre. The bench also directed the Medical Superintendent of DDU Hospital to examine the petitioner’s sister and file a status report on the medical conditions.
The High Court perused the medical documents and photographs of the Petitioner’s sister, who is at the detention centre, placed on record and also noted the submissions made by the counsel for the petitioner. “Considering the fact, having perused the medical records and concerns raised by the petitioner in respect of her sister, it is appropriate to direct a proper examination of the petitioner’s sister by the doctors at DDU Hospital. The medical superintendent is directed to admit Sadiya Akhtar for couple of days and get done the examine like blood test etc and file a status report,” justice Singh directed.
The DUSIB shall undertake the work of renovation of bathroom and toilet area within a week and shall file the photographs of the renovated bathroom by the next week, the High court directed. The DUSIB has also been directed to look into if there is a requirement of a change of mattress and other bedding etc used by the detainees at the Centre. Secondly, if any laundry facility is available there.
The High Court also perused the status report filed by the FRRO which shows it has been written to Myanmar regarding the deportation of the petitioner’s sister. HC was dealing with a petition of Sabera Khatoon a Rohingya woman seeking basic facility and medical treatment for her sister Shadiya Akhtar who is lodged at the detention centre Seva Kendra.
Earlier the High Court had directed a joint inspection by the FRRO, Municipal Corporation of Delhi (MCD) and Delhi Urban Shelter Improvement Board (DUSIB). A report has been filed after the inspection. The court had also directed to place on record the medical records of Shadiya Akhtar in view of the submissions of the petitioner’s counsel.
The counsel submitted that Shadiya Akhtar is not being provided proper medical care. The petitioner’s counsel Ujjaini Chatterjee on Tuesday submitted that the petitioner’s sister has not been given proper medical treatment and diet.
Earlier, it was submitted that Shadiya Khatoon, who is a UNHCR card holder, is not being provided basic amenities like access to warm water, bed, blanket, pillow, winter essentials and winter wear. The petition has stated that Shadiya Akhtar is a Rohingya woman who escaped the brutal genocide in Myanmar against the Rohingya community in 2016 and sought asylum in India.
After a rigorous process of “Refugee Status Determination”, she was granted “Refugee Status” and was given a United Nations refugee identity card within three months, the petition stated. It is also stated that Petitioner’s sister lived in a refugee camp at Kanchan Kunj for one year and then in 2017, she moved to Shram Vihar, Madanpur Khadar, New Delhi, after her marriage.
She lived in the refugee camp at Shram Vihar with her infant son, who is now three years old, until 2020. She has no criminal antecedents or complaints against her, it added. Since 2016, she has lived in India in accordance with the laws of the country and has complied with all requirements of the Respondents and the UNHCR, the plea said.
