India is not a dharamshala (free shelter) that can entertain refugees from all over the world, the Supreme Court said today while dismissing a plea filed by a Sri Lankan national seeking refuge.

A bench of Justice Dipankar Datta and Justice K Vinod Chandran heard the petition. The petitioner is a Sri Lankan national who was arrested in 2015 on suspicion of links with the Liberation Tigers of Tamil Eelam (LTTE), a terrorist organisation once active in Sri Lanka.

In 2018, a trial court convicted him under the Unlawful Activities (Prevention) Act and sentenced him to 10 years in prison.

In 2022, the Madras High Court reduced his sentence to seven years. The court also ordered him to leave the country once his sentence ended and stay in a refugee camp before deportation.

The petitioner, a Sri Lankan Tamil, told the Supreme Court that he had come to India with a visa. He said his life was in danger in Sri Lanka. He also said that his wife and children had settled in India. He pointed out that he had been under detention for almost three years and the deportation process had not yet started.

Justice Datta responded, "Is India to host refugees from all over the world? We are struggling with 140 crore. This is not a dharamshala that we can entertain foreign nationals from all over."

The petitioner's counsel argued that the case involved Article 21, which protects life and liberty, and Article 19, which includes the right to freedom of speech and movement. Justice Datta stated that authorities had detained the petitioner according to law, and so his detention did not violate Article 21. The court also clarified that Article 19 applies only to Indian citizens.

The bench asked, "What is your right to settle here?" When the petitioner’s counsel again said that the petitioner was a refugee and that his life was in danger in Sri Lanka, the court advised him to seek asylum in another country.