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While rejecting a plea to stop the deportation of Rohingya refugees detained in Jammu, the Supreme Court observed that the right not to be deported is ancilliary to the fundamental right to reside or settle in any part of India guaranteed under Article 19(1)(e) of the Constitution.
The fundamental right under Article 19(1)(e) is available only to Indian citizens.
"It is also true that the rights guaranteed under Articles 14 and 21 are available to all persons who may or may not be citizens. But the right not to be deported, is ancillary or concomitant to the right to reside or settle in any part of the territory of India guaranteed under Article 19(1)(e)", the bench observed.