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India-Pakistan
All of Bangladesh can't come to India, Supreme Court tells Government
2007-01-06
The Supreme Court on Friday came down heavily on the Centre for failing to deport Bangladeshi nationals staying illegally in the country just because the neighbouring country refuses to accept them back as their citizens.

"Merely because Bangladesh does not accept the deportees cannot be a solution to the problem," the Bench of Justices GP Mathur and LS Panta remarked while hearing a public interest litigation on the issue filed by NGO, Image India Foundation.

The court brushed aside Solicitor General GE Vahanvati's contention that this problem was acute since the other side was not willing to cooperate in resolving the dispute. The court also found little merit in Vahanvati's argument that there was a human problem in pushing these deportees across the border with the Bangladesh Rifles guards shooting them down .

Viewing the repercussions as serious, the Bench commented, "That does not mean that the entire population of Bangladesh can come in India."

Vahanvati assured that in view of these compulsions, the Government is keen on completing fencing of the Indo-Bangladesh border by March 2007 to prevent further infiltration.

The Centre said it was willing to part with details about fencing and the time period by when it is proposed to be completed. Arguing for the petitioner, senior advocate Vijay Hansaria along with advocate CD Singh told the Bench this exercise was to be completed by December 2006. The petitioner further led the court's attention to the number of tribunals required to be set up by the Centre in each state.

Giving two months time, the bench asked the Centre to furnish details about the fencing of border, time schedule for its completion, the number of Foreigners Tribunals constituted in states and the number of Bangladeshis actually detected and deported in the last three years.

The Bench which heard the Centre at length, questioned the Government's complacency in deporting Bangladeshis when it was found wanting in providing sufficient means to its own people. Taking a reality check, it observed, "at the time of independence undivided India had a population of about 40 crore. "Today minus Bangladesh and Pakistan, farmers in the country are providing enough to meet the requirements of a huge population. But for how long will this continue."

The population is bursting at its seams with severe power, water shortage in cosmopolitan cities. Openly expressing its fears about the current trend, the Bench observed, "we must not lose sight of the fact that Russia got disintegrated due to scarcity of food."

According to an affidavit filed by the Centre in July 2005, India shares a border length of 4095 kilometres with Bangladesh out of which 926 kilometres is riverine border. Despite non-cooperation from Bangladesh, the affidavit stated over 1,17,428 Bangladeshi nationals were deported between 2001 and 2003.

On two earlier occasions the Court has even pronounced judgements noting such infiltration as causing an "external aggression" seeking immediate steps to contain the damage.
Posted by:john

#4  RJ, it sounds like that won't be necessary, inasmuch as paragraph 3 has this gem: "The court also found little merit in Vahanvati's argument that there was a human problem in pushing these deportees across the border with the Bangladesh Rifles guards shooting them down ."
Seems the Bangli gov't is 'taking care of its own (not).'
Posted by: USN, ret.   2007-01-06 23:20  

#3  Simple solution, take them to the border and dump them out, post guards, if they try to return, shoot them.
Posted by: Redneck Jim   2007-01-06 13:08  

#2  The Bench which heard the Centre at length, questioned the Government's complacency in deporting Bangladeshis when it was found wanting in providing sufficient means to its own people.

AMEN, BROTHER! I only wish we had such brave judges in our own country. They're actually building a fence.
Posted by: gromky   2007-01-06 06:03  

#1  At least the Bangli Gubmint is gener being honest zabout NOT being able to take care of its citizens.
Posted by: JosephMendiola   2007-01-06 03:57  

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