Party spokesperson Kanwar Pal Singh said by definition all refugees are "illegal" until the respective state grants them "refugee status" and allow them to stay. "The total number of such illegal immigrants into our country would be more than 40,000 approximately as on date".
While the worldwide community and the United Nations have questioned India regarding its decision, the Centre has been arguing that Rohingyas are a threat to the country's "national security". Many of those who had fled to India after the earlier spate of violence, have settled in Jammu, Hyderabad, Haryana, Uttar Pradesh, Delhi-NCR and Rajasthan.
The bench then fixed the PIL and several other interim applications, seeking to intervene in the case for hearing at 2 PM on October 3.
Last month, junior Indian Home Minister Kiren Rijiju told the Parliament that Rohingyas "are illegal immigrants and that the government aims to deport them".
It also said there was information on Rohingya involvement in plots by Isis and other "extremist groups" to ignite communal and sectarian violence in India.
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An affidavit on the issue, which the government had said was just a draft and was being worked upon, was leaked after it was inadvertently served on the counsel for petitioner Muhammad Salimullah. However, the Narendra Modi-led government has argued that deportation of Rohingyas - a policy decision taken in the interests of citizens, can not be challenged under Article 32 by non-citizens.
More than 400,000 Rohingyas have fled to Bangladesh since August 25, in the wake of a violent military offensive launched after hundreds of Rohingya rebels assaulted police posts.
Human Rights Watch urged India, the world's biggest democracy, to follow the worldwide principle of non-refoulement, which prohibits sending back refugees to a place where their lives are in danger.
According to Ashin Ven Pandita, who is now studying Buddhism in Sri Lanka, posted on his facabook on September 14, that about 30 people who identified themselves as Rohingyas arrived with Myanmar passports and that was why arrival visa was suspended temporarily.
An estimated 40,000 Rohingya Muslims, including the petitioners, live in India and are registered with the United Nations refugee agency in India.
The Centre said the influx of Rohingya refugees from Myanmar started in 2012.