The court however, in an interim order rejected any relief and allowed their deportation subject to proper procedure being followed.

[1][2] In 2017, Indian government sources estimated that around 40,000 Rohingya Muslims were living in different parts of the country, having entered India illegally and around 10,000 were in Jammu & Kashmir.

[3] Petitioners Mohammad Salimullah and Mohammad Shaqir, sought interim relief against the deportation of these people and also sought the release of over 150 Rohingya refugees reportedly detained in a Jammu jail.

The court also argued that since India is not a signatory to UN Convention on the Status of Refugees 1951 or its 1967 Protocol, the principle of Non-refoulement does not apply to it.

[1][2] Some experts have contended that non-refoulement is a rule of customary international law i.e. it is a peremptory norm.