রবিবার, অক্টোবর ২২, ২০১৭

Ghausi's Persian Gulzar-i-Abrar

Ghausi's Persian Gulzar-i-Abrar
Bismillahir Rahmanir Rahim

Ghausi's Persian Gulzar-i-Abrar is an encyclopaedic compendium of biographies of mystics and learned men of the Indian Sub-continent [citation needed]. The writer Ghausi's full name is 'Muhammad Ghausi ibn Hasan ibn Musa Shattari' [citation needed]. 

The Original text

Gulzar-e-Abrar is originally written in Persian. Aditya Behl and Simon Weightman (2001), who edited ‘Manjhan’s Madhumalati: An Indian Sufi Romance’, indicated in the bibliography of the English translation of that book that the Persian manuscript of Ghausi’s Gulzar-e-Abrar, or perhaps a copy of it, is located at the Asiatic Society of Bengal, Kolkata, India. The entry in the bibliography runs as follow: "Ghausi Shattari, Muhammad, 'Gulzar-i Abrar', Persian MS 259 (Calcutta: Asiatic Society of Bengal)"[1]. It is not revealed through our research so far if this is the original manuscripts, or if it is a copy if other copies exist elsewhere.

Ananda Bhattacharya (2013) provided a reference of a Persian Gulzar-i-Abrar which is an “Asiatic Society Collection No. 259”[2]. The reference is as follow: "Gulzar I Abrar, (in Persian) Asiatic Society Collection.No.259"[3]. No further details are given in this reference. Both of these two references stated above speak of a Persian Gulzar-i-Abrar in the Asiatic Society Collection, and both references state that the item is numbered as Asiatic Society Collection No.  259. This similarity indicates that the Asiatic Society.

“Concise Descriptive Catalogue of the Persian Manuscripts in the Collection of the Asiatic Society of Bengal (1947)[4].

“259.

GULZAR-I-ABRAR, D 262

A rare hagiological compilation dealing with lives of the Sufic Shaykhs of India and especially of Gujrat, who flourished in the seventh, eighth, ninth and tenth centuries AH (XIII-XVIc AD). Although written in an extremely bombastic and inflated style, it is very interesting and valuable because of its exactitude in dates, richness in details, and its abundant information about a great many persons otherwise unknown, but especially for its large number of references to the history of Gujrat and India in general. It sheds much light upon the spiritual life of Muhammadan India outside the Chishti affiliation on which the Indian hagiologists usually concentrate their attention. The author, who calls himself Muhammad GhuthI b Hasan b Musa Shattari, contemplated the composition of this book in 998/1590 but various circumstances compelled him to postpone the beginning till after 1010/1602. In fact the greater part of his book was written between 1020/1611 (cf f 29v) and 1022/1613 (cf ft 172v 182v, 184v etc.). Only once he mentions 1008/1599 as current (f 65). The work is dedicated to Jahangir (f iv). It is divided into five chamans the first dealing with the saints of the VIlc AH the second with those of the VIII, the third — of the IX, the fourth — of the Xc , and the beginning of the XIc AH. The fifth is devoted to the Shaykhs of the Shattari order. In all there are 575 biographical notes (the last one is devoted to the author’s father).

The work is very rare only a short extract from it is mentioned in B 1041. The copy referred to in St No 101 on p 30 is piobably identical with the piesent one Its contents form an
important addition to the lists of biographies found in other lare
works givmi in the catalogues of the India Office and the Bodleian
libraries Therefore it mav be useful to give heie a complete li'^t
of the persons whose biographies aie dealt with In the majority
of them exact dates of death, etc , are found In otheis they maj’’
be leconstiuoted from the references to vaiious historical events
01 then connection with the lives of othei persons (only precise
dates are quoted in the list)”.

Translations

We have so far identified translations of the text of Ghausi’s Gulzar-i-Abrar Urdu, Arabic and English languages.

English Translation

An English translation was done in 2017. Ishrat Husain Ansari[5], Hamid Afaq Qureshi al-Taimi al-Siddiqi[6] translated the text to English which has been published by 'Idarah-i-Adabiyat-i', Delhi, India in 2017. The full reference to this English translation of Gulzar-e-Abrar is: "Ghausi's Persian Gulzar-i-Abrar (Biographies of Mysties and learned men), Ishrat Husain Ansari, Hamid Afaq Qureshi & al-Taimi al-Siddiqi (Trs), ISBN 10: 8190563076 / ISBN 13: 9788190563079, Published by Idarah-i-Adabiyat-i, Delhi, India, 2017"[7]. The on-line library catalogue 'WorldCat' entry for this edition is as follow: “Ghausi's Persian Gulzar-i-abrar: biographies of mystics & learned men, Author: Muḥammad G̲h̲ausī Shat̤t̤ārī; Ishrat Husain Ansari; H A Qureshi, Publisher:   Delhi, India: Idarah-i Adabiyat-i Delli, 2017. Series: IAD religio-philosophy (original) series, no. 52. Edition/Format: Print book: Biography: English”[8].

Book seller dkagencies.com page for this English edition.

Urdu Translations
A few Urdu translations are available of Ghausi’s Gulzaer-i-Abrar. Here we list the Urdu translations that came in a Google.com search of the web:
1.      "Gulzar-e-Abrar (Urdu) Hardcover – 2016 by M. Ghausi Shittari Mandavi (Author), Product details: Hardcover, Language: Urdu, ISBN-10: 9693467469, ISBN-13: 978-9693467468"[9].
2.      "Ghausi Shattari, Gulzar-i-abrar, (Urdu trans.) Muhammad Fazl Ahmad (Agra, 1326 AH)"[10].
  1. Muhammad Ghausi Shattari Mandavi, Gulzar-i abrar, ed. Muhammad Zaki (Patna: Khuda Bakhsh Oriental Public Library, 1994)[11]. A possible variant reference of this edition is “Muhammad Ghausi Shattari, Gulzar-i Abrar, ed. Muhammad Zaki, Patna”[12]. 

Time of Ghausi's Persian Gulzar-i-Abrar
Ghausi's Persian Gulzar-i-Abrar was written in 1014 AH /1605 CE (Maktabah Mujaddidiyah), or 'sometime between 1611 and 1613' (Hasan, 2014).
Ghausi's Persian Gulzar-i-Abrar (1613 AD)



Biographies of mystics & learned men, written in 1613 AD. Muhammad Ghausi ibn Hasan ibn Musa Shattari (d. AD 1617)

‘Chishti and Shattari Saints of Malwa: Relations with the State Syed Bashir Hasan, Department of History, Aligarh Muslim University Aligarh, Aligarh, U.P., India’[1].



"Another important Shattari sufi in Malwa was Muhammad Ghausi Shattari (b.1554) of Mandu. He had friendly relations with almost all sufis of his time in suba Malwa and other contemporary sufis elsewhere which provided him vast material for his Gulzar-i Abrar.31 He completed this work sometime between 1611 and 1613. Ghausi has dedicated his book to emperor Jahangir both in the preface 32 and at the end.33 While dedicating his work to the emperor, Ghausi praises Jahangir which indicates that Ghausi saw him as a patron in compiling his work. Ghausi maintained good relations with the government officers.34"

"A biographical book of Sufi saints of India, written in the 11th century Hijri. A great source of insight into the Sufi lives of that time. It was written in 1014 AH (1605 CE). By: Muhammad Ghosi Shattari Mandavi, Translated in Urdu by Fazal Ahmad Jeevri, Published by Daar un-Nafa'is, 2006
Pages 667"[6].

"One of the most Important things about the Akhbar-ul-Asfiya is that it ignores legends and the tales of superhuman power attributed to the saints so vividly described by later biographers of sufis. It serves as a link between the Akhbar-ul-Akhyar of Shaikh Abdul Haq Muhaddis Dehlavi and the Ghlzar-i- Abrar of Ghausi Shattari.

This work was written after the Akhbar-ul-Akhyar which was completed in 999 A.H./1591 A.D. which is also a biographical dictionary of the sufis covering almost the same period. Our author refers to Sahikh Abdul Haq but does not seem to acknowledge his debt to his work. But the accounts of more than 127 saints contained in the Akhbarul-Asfiya are practically identical with in the Akhbar-ul-Akhyar.

The Gulzar-i- Abrar contains biographical accounts of about 612 saints covering almost the same period as by Shaikh Abdul Haq Muhaddis Dehlavi and Abdus Samad. The account of a number of saints in all the three works are very similar, perhaps all the three works draw from the same sources. But the Gulzar-i-Abrar is a more comprehensive work and all these three supplement each other."

The present thesis entitled "A Critical Edition of Akhbar-ul-Asfiya with Introduction and Notes" has been divided into three chapters: v”[7].

"A standard hagiography of the Mughal period with considerable material on the Shattaris is Muhammad Ghawthi Mandawi, Adhkar-i abrar, Urdu tarjuma-i gulzar-i abrar, trans. Fadl Ahmad Jewari (Agra: Matba`-i Mufid-i `Amm, 1326/1908; reprint ed., Lahore: Islamic Book Foundation, 1395/1975); the original Persian text has never been printed, and I cite to it according to the Urdu translation except for a few sections for which I had access to manuscripts"[8].


[5] Syed Bashir Hasan, Department of History, Aligarh Muslim University Aligarh, Aligarh, U.P., India, Chishti and Shattari Saints of Malwa: Relations with the State, Journal of Business Management & Social Sciences Research (JBM&SSR) ISSN No: 2319-5614 Volume 3, No.3, March 2014. http://borjournals.com/a/index.php/jbmssr/article/view/325, accessed on 21.10.2017.  
[8] Carl W. Ernst, PERSECUTION AND CIRCUMSPECTION IN SHATTARI SUFISM, In Islamic Mysticism Contested: Thirteen Centuries of Debate and Conflict, ed. Fred De Jong and Berndt Radtke. Islamic History and Civilization. Leiden: E. J. Brill, 1999.

The Author:

Muhammad Ghausi Shattari (b. 1554)

“Shaikh Hasan ibn Musa of Ahmadabad was the father of Muhammad Ghausi Shattari of Mandu, the author of Gulzar-i Abrar. He was a hafiz and a scholar of fiqah and hadis. After a Mughal attack on Gujarat in 1553, Shaikh Hasan ibn Musa migrated to Malwa with Humayun’s party and settled at Lonhera, three kos away from Mandu. Shaikh Hasan ibn Musa died in 1565. 30

Another important Shattari sufi in Malwa was Muhammad Ghausi Shattari (b . 1 5 5 4 ) of Mandu. He had friendly relations with almost all sufis of his time in suba Malwa and other contemporary sufis elsewhere which provided him vast material for his Gulzar-i Abrar 2 ' He completed this work sometime between 1611 and 1613. Ghausi has dedicated his book to emperor Jahangir both in the preface 32 and at the end. 33 While dedicating his work to the emperor, Ghausi praises Jahangir which indicates that Ghausi saw him as a patron in compiling his work.

Ghausi maintained good relations with the government officers. 34”[13].

[1] Select Bibliography, Madhumalati: An Indian Sufi Romance, Manjhan,            Aditya Behl, Simon Weightman (Editors), OUP Oxford, 2001, ISBN 0191606251, 9780191606250, page liv. ‘Madhumalati: An Indian Sufi Romance’s writer Manjhan’s full name is ‘Mir Sayyid Manjhan Shattari Rajgiri’. He was a Sufi of the Shattari Order. The Madhumaloti (Jasminum Grandiforum, ‘Night Flowering Jasmine’ is a mystical Indian romance composed in A.D. 1545.
[2] Bhattacharya, Ananda, Madariya Silsila in Indian Perspective, Islam and Muslim Societies, A Social Science Journal, Vol. 6, No. 1- 2013, pages 28-75, accessed on line at:  http://www.muslimsocieties.org/Vol_6_No_1_Madariya_Silsila_in_Indian_Perspective.html#, on 23.10.2017.
[3] Bhattacharya, Ananda (2013), ibid.
[4] Concise Descriptive Catalogue of the Persian Manuscripts in the Collection of the Asiatic Society of Bengal (1947), https://archive.org/details/in.ernet.dli.2015.62108, accessed on 23.10.2017.
[9] https://www.amazon.com/Gulzar-Abrar-Ghausi-Shittari-Mandavi/dp/9693467469, accessed last on 23.10.2017. Amazon did not display the name of the publisher on the day we inspected the item.
[11] Anjum, Tanvir, Vernacularization of Islam and Sufism in South Asia: A Study of the Production of Sufi Literature in Local Languages, Journal of the Research Society of Pakistan, Vol. 54, No. 1, January-June, 2017, accessed at http://pu.edu.pk/images/journal/history/PDF-FILES/14_54_1_17.pdf, on 23.10.2017.
[12] Syed Bashir Hasan, Department of History, Aligarh Muslim University Aligarh, Aligarh, U.P., India, Chishti and Shattari Saints of Malwa: Relations with the State, Journal of Business Management & Social Sciences Research (JBM&SSR) ISSN No: 2319-5614 Volume 3, No.3, March 2014. http://borjournals.com/a/index.php/jbmssr/article/view/325, accessed on 21.10.2017.  
[13] Syed Bashir Hasan, Chishti and Shattari Saints of Malwa: Relations with the State, Journal of Business Management & Social Sciences Research (JBM&SSR) ISSN No: 2319-5614 , Volume 3, No. 3, March 2014, Accessed on 23.10.2017 through Archive.org, at: https://archive.org/stream/BahaAlDinShattari/Baha%27%20al-Din%20Shattari_djvu.txt
[18] Syed Bashir Hasan, Department of History, Aligarh Muslim University Aligarh, Aligarh, U.P., India, Chishti and Shattari Saints of Malwa: Relations with the State, Journal of Business Management & Social Sciences Research (JBM&SSR) ISSN No: 2319-5614 Volume 3, No.3, March 2014. http://borjournals.com/a/index.php/jbmssr/article/view/325, accessed on 21.10.2017. 
[21] Carl W. Ernst, PERSECUTION AND CIRCUMSPECTION IN SHATTARI SUFISM, In Islamic Mysticism Contested: Thirteen Centuries of Debate and Conflict, ed. Fred De Jong and Berndt Radtke. Islamic History and Civilization. Leiden: E. J. Brill, 1999.
এর দ্বারা পোস্ট করা এই সময়ে কোন মন্তব্য নেই:
লেবেলসমূহ: , , , , , ,

বুধবার, অক্টোবর ১১, ২০১৭

The building blocks of the account of Hazrat Shah Jalal (R)

Bismillahir Rahmanir Rahim

In our research so far to build an evidenced-based account of Hazrat Shah Jalal Mujarrad (R), the 14th century Sufi saint of Sylhet, Bangladesh, we have identified the building blocks of the Saint's history. It is mentionable that the often available account of the saint contains contradictory facts and factual dead ends, where the facts can not be verified.

These building blocks are the characters that the saint came in contact with, the places that became important in the saint's account, the time the saint lived and worked in and the texts containing first hand experiences of the saint and other primary texts that gave an account of the saint.

We have identified the following heads of building blocks in the saint's history:
  1. Characters;
  2. Places;
  3. Time;
  4. Primary Texts.
The building blocks under the above heads are stated below. Please note that the list shall evolve as new building blocks are discovered as the research progresses.
1. Characters:
  1. The king of Bengal Fakhr Oddīn, or Fakhr al-Din;
  2. "Sikandar Khan Ghazi"
  3. El Mostaasim the Calif in Bagdad;
  4. Borhān Oddīn of Sāgirj;
  5. Hindu king named Gaur Govinda ruled the Sylhet area; Gaur Govinda (also spelled Gor Govind or Gour Gobinda or Gur Govind) Raja Gaur Govinda
  6. Sultan shamsuddin firuz shah;
  7. Sultan shamsuddin firuz shah’s nephew Sikandar Khan Ghazi, or Sikandar Shah Ghazi
  8. Sultan shamsuddin firuz shah’s sipahxalar (armed forces chief) Nasiruddin;
  9. ibn batuta visited Bengal when Sultan fakhruddin mubarak shah was ruling at Sonargaon (1338-1349 AD).
  10. Shaikh Jalaluddin Tabrizi (R);
  11. Persian inscription of 918 AH/1512 AD issued in the reign of Sultan Alauddin husain shah (1494-1519 AD).
  12. Shaikh Jalal Mujarrad ibn Muhammad (Formal name of Hazrat Shah Jalal (R));
  13. Shaikh-ul-Mashaikh Makhdum Shaikh Jalal Mujarrad bin Muhammad (another Formal name of Hazrat Shah Jalal (R))
  14. Shaikh Nurul Huda Abul Karamat;
  15. Sultan Syed Ahmed Yesvi, Pir of Shaikh Jalal Mujarrad; spiritual disciple of Saiyid Ahmad Yasawi , one of the founders of the Central Asian Sufi tradition;
  16. Hazrat Shah Jalal (R)'s father, Muhammad, a sufi of Yamen;
  17. Hazrat Shah Jalal (R)'s maternal uncle Sayyid Ahamd Kabir Suhrawardy, a great saint; or maternal uncle Syed Ahmed Kabir in Mecca; maternal uncle Syed Ahmed Kabir in Mecca.
  18. Hazrat Shah Jalal (R) met Shakh Nizamuddin Auliya at Delhi;
  19. Shaikh 'Ali (d. 1562), a descendant of one of Shah Jalal's companions;
  20. he became a spiritual disciple of Saiyid Ahmad Yasawi, one of the founders of the Central Asian Sufi tradition;
  21. Hazrat Shah Jalal (R)'s mother, Syeda Hasina Fatimah, was descendants of Hashemite dynasty of Quraysh of Mecca
  22. Hazrat Shah Jalal (R)'s father, Mahmoud bin Mohammed bin Ibrahim; was descendants of Hashemite dynasty of Quraysh of Mecca. was a contemporary of the Persian poet and Sufi mystic, Jalal ad-Din Muhammad Rumi
  23. Amir Khusrau (Ab'ul Hasan Yamīn ud-Dīn Khusrau (1253 – 1325)
  24. Jalal al-Din al-Tabrizi
  25. Burhan al-Din in China; Sheikh Borhān Oddīn of Sāgirj
  26. Fakhr al-Din, whose capital was at Sonargaon
  27. Muhammad Tughluq
2. Places:
  1. Hadramaut, Yemen, the place where the saint is said to be born;
  2. Srihatta or Jalalabad, the modern day Sylhet in Bangladesh where the saint spent the second half of his life and where the saint's shrine is located.
3. Time:
  1. 1271 CE (?): the year the Saint was born;
  2. c. 1300 (?): the saint journeyed eastward and reached India.
  3. Unknown Year: the saint meets Hazrat Nizam al-Din Awliya (R) in Delhi.
  4. 703 AH/1303 CE: the saint arrived Sylhet and along with the army of the Shamsuddin Firuz Shah, the ruler of Bengal, defeated Raja Gour Govinda of Sri Hatta (Sylhet) to end injustices by the king towards the Muslims in his kingdom.
  5. 1345 CE: the year traveller Ibn Batuta visited the saint at his Khankah in Sylhet.
  6. 1347 CE (?): the year the saint died.
4. Primary texts:

1. Battuta, IBN, Rihla, A Gift to the Observers Concerning the Curiosities of the Cities and the Marvels Encountered in Travels, (c.1377 CE);

2. Khusrau, Amir, Afżal al-fawāʾed (719/1319); 
variants: 'Afzal-ul-Fawa'id'; Afdalul Hawaade; ‘Afzal al-fawa’id’;

3. Sher, Shaikh Ali, Sharh-i-Nuzhat-ul-Arwah (Year).

4. Shattari, Muhammad Ghausi ibn Hasan ibn Musa, (d. CE 1617), Gulzar-i-Abrar (1613 CE)
biographies of mystics & learned men. 
Variants: Muhammad Ghausi Shattari of Mandu.

5. Haidar, Maulvi Muhammad Nasir al-Din, Suhail-i Yaman, or Tārīkh-i Jalālī (A.H. 1277/ CE 1860–61), a biography of Shah Jalal (R) in Persian.
Variants: Suhail e Yaman , Nasiruddin Haidar.

6. Khadim, Muhiuddim, Risalat written (1711 AD).

7. Unknown, Rauzat-us-Salatin (1721 AD).
এর দ্বারা পোস্ট করা এই সময়ে কোন মন্তব্য নেই:
লেবেলসমূহ: , , , , , , ,

সোমবার, অক্টোবর ০৯, ২০১৭

ROHINGYA REFUGEE WRIT IN THE INDIAN SUPREME COURT: WRIT PETITION [CIVIL] NO.793 OF 2017, Mohammad Salimullah Versus Union of India.

See our main Facebook page or blog for the Writ for the text of the Writ Petition, the Orders of the Court and more.

SUR REJOINDER ON BEHALF OF UNION OF INDIA dated 3rd October 2017: (The following is taken from www.livelaw.in, retrieved on 08.10.2017):
x
IN THE SUPREME COURT OF INDIA
[ CIVIL ORIGINAL JURISDICTION ]
WRIT PETITION [CIVIL] NO.793 OF 2017
In the matter of
Mohammad Salimullah & Anr. ... Petitioners
Versus
Union of India & ors. ...Respondents
SUR REJOINDER ON BEHALF OF UNION OF INDIA
I, Mukesh Mittal s/o Shri V.P. Mittal, Joint Secretary [Foreigners] in the Ministry of Home Affairs, aged about 57 years having my office at National Stadium, Ministry of Home Affairs, New Delhi, do hereby solemnly affirm and state as under:
1. I am functioning as Joint Secretary [Foreigners] in the Ministry of Home Affairs, Union of India. In my official capacity and being duly authorised and being fully conversant with the facts and circumstances of the subject matter of the writ petition I am filing this sur-rejoinder. I state and submit that I have gone through, perused and understood the relevant records and material with respect to the subject matter of the petition based upon which I am filing this Sur Rejoinder to place the following legal as well as factual position for kind consideration of this Hon’ble Court.
2. I state that the Answering Respondent is served with an Affidavit in Rejoinder filed by the Petitioner to the Affidavit in Reply filed by the Answering Respondent. I crave leave to file this affidavit in Sur-Rejoinder.
3. At the very outset, I very respectfully reiterate the respectful submissions made in the counter affidavit already filed to the effect that the subject matter of the petition would be essentially a core executive function in the realm of policy making for the country viz. take decision with respect to dealing with illegal immigrants. Such decisions are taken on a case to case basis and are based upon several facts, situations and considerations. The considerations, including diplomatic considerations, internal security considerations, potential demographic changes, possibility of law and order, sharing of national resources, sustainability of an additional burden on the resources of the country etc. are some of the considerations which are kept in mind by the executive which this Hon’ble Court would not go into, re-evaluate and based upon such re-evaluation would substitute its satisfaction in place of the satisfaction reached by the executive as a part of administrative governance.
4. I very respectfully pray that this question of the maintainability of the petition, the extent of power of judicial review, if any, and availability of fundamental rights to the petitioners [who are admittedly illegal immigrants] so as to invoke Article 32 of the Constitution of India may be addressed and decided first before examining the petition on merits.
I hereby reiterate the contents of my Affidavit in Reply and deny all facts stated in the Rejoinder under reply except those which are specifically and unequivocally admitted by me hereunder.
5. I respectfully submit that by way of this Sur-Rejoinder, I am dealing with the issues raised therein and, therefore, not responding to the rejoinder parawise. I, however, deny all the facts stated, contentions raised and grounds submitted except those specifically admitted by me. I respectfully submit that my not dealing with the petition para-wise may not be treated as my having admitted the truthfulness or otherwise of any of the contents thereon.
6. I state and submit that broadly the rejoinder covers three issues :
(i) The issues raised based upon the Government of India’s Notification dated 7.9.2015;
(ii) The issue emanating from the Circular dated 8.8.2017 issued by the Ministry of Home Affairs;
(iii) The issues based upon certain Declaration and / or other international instruments and its interpretation given by the Petitioner.
7. I state and submit that as pointed out hereinabove, any administrative decision taken by the executive with respect to illegal immigrants in question in each case depends upon the variety reasons, empirical data, facts, potential danger to internal security, the number of illegal immigrants involved, disturbances in the social fabric of the country or any particular part thereof, possibility of law and order problem arising in the country or any part thereof, demographic changes and its extent etc. Considering the very nature of such a decision which are to be taken on a case to case basis, there cannot be any comparison or claim of discrimination based upon some earlier decision taken with respect to one set of illegal immigrants vis-à- vis another set of illegal immigrants.
The comparison, therefore, between the factors which went into consideration of the administrative decision making culminating into the Notifications dated 7.9.2015 and 18.7.2016 cannot be compared with the decision with respect to Rohingyas who are about 40,000 approximately in number, having other options and most disturbingly the continuing of a systematic influx of illegal immigrants in an organised manner into India through agents and touts.
At the cost of repetition, it may be pointed out that illegal influx of Rohingyas, in substantially significant numbers, have started into the territory of India since 2012-13 and the Central Government has contemporaneous inputs from security agencies and other authentic material indicating linkages of some of the unauthorised Rohingya immigrants with Pakistan based and other terror organisations and similar organisations operating in other countries. Over and above the said serious security concerns already in existence, the more disturbing part is that there is an organised and systematic influx of illegal immigrants from Myanmar through agents and touts facilitating illegal and unauthorised entry of immigrant Rohingyas into India.
It is observed that some Rohingyas are indulging in illegal / anti national activities i.e. mobilization of funds through hundi/hawala channels, procuring fake/fabricated Indian identity documents for other Rohingyas and also indulging in human trafficking. They are also using their illegal network for illegal entry of others in India. Many of them have managed to acquire fake/fraudulently obtained Indian identity documents i.e. PAN Card and voter cards. It is also found that some of the Rohingyas figure in the suspected sinister designs of ISI/ISIS and other extremists groups who want to achieve their ulterior motives in India including that of flaring up communal and sectarian violence in sensitive areas of the country. The fragile north-eastern corridor may become further destabilised in case of stridency of Rohingya militancy, which the Central Government has found to be growing, if permitted to continue. There is also a serious potential and possibility of eruption of violence against the Buddhists who are Indian citizens who stay on Indian soil, by the radicalized Rohingyas. Some of the Rohingyas with militant background are also found to be very active in Jammu, Delhi, Hyderabad and Mewat, and have been identified as having a very serious and potential threat to the internal/national security of India.
Considering the fact situation in the present case, any comparison with any past decision is misconceived.
The Government takes the decision about the actions to be taken “in accordance with the law” keeping several factors into consideration including the aforesaid facts which are based upon the contemporaneous inputs and authenticated material and in the best interest of the country.
Such decision are an essential part of core executive function of the executive while discharging its duties under the constitution.
In light of the what is sated in the earlier Affidavit and what is stated hereinabove, the Government of India was not only justified but was duty-bound to issue the Circular dated 8.8.2017 with a view to ensure its primary obligation to protect the fundamental rights of its own citizens.
8. I respectfully submit that so far as the contentions based upon the Declarations / Resolutions / international instruments and some individual views expressed by the Indian representatives are concerned, the said contentions are devoid of any merits.
India, as a sovereign State, is fully conscious, aware and responsible about its obligations emanating from various international instruments which deal with its interaction globally and its actions domestically. As a sovereign State, India will always honour such obligations which are binding obligations.
Having said that it is reiterated that India is not a signatory to United Nation Convention of 1951 and the Protocol of 1967 issued thereunder.
The said Convention / Protocol is, therefore, not binding upon India and no other Declaration / Resolution / Convention / international treaty or instrument of any kind is in force which prohibits India, as a sovereign nation, to exercise its right of deporting illegal immigrants in accordance with laws of India and thereby protecting the fundamental rights of its own citizens more particularly in the interest of national security.
9. I state and submit that reliance placed upon the New York Declaration, 2016, Declaration of Territorial Asylum, Universal Declaration on Human Rights etc. is misplaced since these Declarations are mere recommendations and aims at reminding, reinforcing, and ensuring implementation of obligations specifically assumed under legally binding international instruments by States that become party to them. They, at the most, seeks to encourage non-party States to become party to such instruments and accept the obligations flowing from them. The obligations of non-refoulement is essentially covered by the provisions of the 1951 Refugee Convention, to which India is not a party. It is thus clear that reliance upon any other Declarations / Resolutions etc. is not only misplaced but does not confer any legally enforceable rights either upon the petitioners or anyone else which can justify prayers for issuance of a writ of this Hon'ble Court under Article 32 of the Constitution of India.
10. I respectfully submit that similarly though India is a party to the Convention on the Rights of the Child, 1989, this is not a Convention under which refugees’ status and non refoulement are addressed. As pointed out hereinabove, these matters are regulated essentially under the provisions of 1951 Refugee Convention to which India is not a party.
11. I respectfully state and submit that reference to New York Declaration for Refugees and Migrants, 2016, as made in para 11 of the Rejoinder, is also misplaced. The main thrust of this instrument is to have a global impact on matters relating to refugees and migrants. The said instrument is not a legally binding instrument which fact is recognized in para 21 and 65 of the said Declaration itself.
It is submitted that the remarks made by the Indian representatives or general views expressed by them at some Symposium on World Humanitarian Summit or elsewhere cannot be elevated to the level of a legally binding document based upon which a writ of this Hon’ble Court can be prayed for. It is submitted that India’s participation at discussions in the global summits or otherwise in which issues pertaining to refugees are being discussed, cannot be construed as India having accepted any binding legal obligation and having given up its right to act as per its laws with illegal immigrants and thereby abdicating its obligation of protecting fundamental rights of its own citizens. There is, obviously, a reason why there is a well laid down process and procedure in favour of signature and ratification of each of the international conventions by various States.
There cannot be any binding obligation either.
The above referred facts, if read with the Rejoinder would show that while India is a party to some international conventions pertaining to human rights / refugees, there is no binding legal obligation on Government of India with respect of non-refoulement flowing from any binding international instrument.
12. So far as reference to notice issued by the National Commission for Human Rights is concerned, the Government of India has placed its facts before the said Commission by way of reply.
13. I submit that the illegal immigrants would not get and cannot claim any of the fundamental rights which are otherwise available to non-citizens as the term “non-citizens” would necessarily mean persons, not citizens of India, is in India on a valid travel document. The framers of the Constitution of India would not have envisaged a situation where thousands and thousands of people would be flowing into this country entering illegally without any valid travel documents and start claiming fundamental rights as non-citizens.
14. I respectfully submit that rest of the averments made in the Rejoinder are general in nature, reiteration of already stated contentions, some statements made by some individuals etc. It is submitted that the petitioners cannot pray for a writ of this Hon'ble Court based upon such statements and news reports.
DEPONENT
VERIFICATION
Verified and signed on this 3rd day of October, 2017. That contents of para 1 to 14 of the above sur-rejoinder is true and correct to my knowledge and belief and nothing material has been concealed therefrom.
DEPONENT
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রবিবার, অক্টোবর ০৮, ২০১৭

ROHINGYA REFUGEE WRIT IN THE SUPREME COURT OF INDIA, WRIT PETITION [CIVIL] NO.793 OF 2017, Mohammad Salimullah & Another, Versus, Union of India & Others

Synopsis and full text of the Writ Petition provided by the ‘Sab Media Software Services Private Limited’ at www.barandbench.com (27 pages) available at (Please see disclaimer below): rohingya final writ petition - Bar & Bench
Daily Order, Supreme Court of India
Writ Petition (Civil) No.793/2017
Date : 01-09-2017 Date : 11-09-2017 Date : 03-10-2017 http://supremecourtofindia.nic.in/s... For Petitioner(s): 03.10.2017 A Surrejoinder was filed on behalf of the Union of India. The full text of the surrejoinder is available at www.livelaw.in, retrieved on 08.10.2017); alternatively at our blog, or Facebook page. Disclaimer: The above information is for information purposes only. The information and commentary contained herein do not amount to, and are not intended as, legal advice to any person on a specific case or matter, and should not be relied on for this purpose. We are not responsible for any information on this page which contains materials prepared by third parties or for information contained on linked sites or for any reliance that may be placed upon their contents.
x

‘(T)aken on Board’ for hearing on mentioning on 01-09-2017
Dates of Hearing : 03-10-2017; 18-09-2017’; 11-09-2017; 04-09-2017; 01-09-2017


WITH W.P.(C) NO.877/2017
(With appln.(s) for intervention and permission to appear and argue in person)
W.P.(C) NO.870/2017
W.P.(C) NO.886/2017
W.P.(C) NO.916/2017

Full text of this and other orders available at: http://supremecourtofindia.nic.in/d...
These petitions were called on for hearing today.

CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
Mr. Fali S. Nariman, Sr. Adv. ,Mr. S.C. Sharma, Adv., Mr. Prashant Bhushan, AOR, Ms. Cheryl D'souza, Adv., Ms. Amiy Shukla, Adv., Mr. Shakti Vardhan, Adv., Ms. Aastha Shah, Adv., WP(C) 877/17 Mr. J.P. Dhanda, AOR Ms. Raj Rani Dhanda, Adv. Mr. Vineet Dhanda, Adv. Mr. N.A. Usmani, Adv. Mr. Gopi Chand, Adv.

WP(C) 870/17 Mr. Colin Gonsalves, Sr. Adv. Mr. Fazal Abdali, Adv. Mr. Satya Mitra, Adv.

WP(C) 793/2017 2 WP(C) 886/17 Ms. Sujeeta Srivastava, AOR

WP(C) 916/17 Mr. Kalyan Bandopadhyay, Sr. Adv. Mr. Kunal Chatterji, Adv. Ms. Maitrayee Banerjee, Adv.

UPON hearing the counsel the Court made the following O R D E R

Heard in-part.

Put up for further hearing at 2 p.m. on 13th October, 2017.

“Mr. S.C. Sharma, learned counsel assisting Mr. Fali S. Nariman, learned senior counsel appearing for the petitioner shall make a compilation of all the documents and the notifications relied upon by the petitioners. Mr. Tushar Mehta, learned Additional Solicitor General appearing for the Union of India shall also file a compilation of all the documents containing international conventions, treaties and other necessary documents”.





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