Hyderabad: The Telangana High Court on Thursday declared that the state government's action of "detaining and confining" Rohingyas in Cherlapally prison is "illegal."
On Thursday, the High Court Division Bench comprising Justice Shameem Akhter and Justice E.V. Venugopal, allowed all the five writ petitions filed by the Rohingyas staying in Hafeez Baba Nagar, Hyderabad.
Further, the High Court Bench in its order said the detention of the Rohingyas by the state is illegal as per Section 3(2)g of the Foreigners Act 1946.
The Division Bench passed its orders in the batch of five writ petitions filed by Rohingyas who are staying in Roshan Ud Daula, Hafeez Baba Nagar, Hyderabad, challenging GO 538 dated 4 October 2021 through which they are confined and detained in the Cherlapally central jail, pending deportation process and trial of criminal cases against them.
The petitioners informed the court that the state has no power to detain and confine the Rohingyas. It is the Central government that has the power to make such an order under section 3(2)(g) of the Foreigners Act 1946 and this power is not delegated to the state.