A bench headed by Chief Justice J S Khehar, however, took strong note of the visa rules' violations by the Sudanese nationals and said the students, who have been offered education by India, cannot flout the local laws and "vanish without giving addresses".
Amir Ahmed and Khames Ahmed, studying in Benglaluru for almost three years, were required to intimate the authorities in advance if they proposed to leave the Karnataka capital.
Senior advocate Colin Gonsalves, appearing for the students, said they faced threat of persecution if they are sent back to Sudan which is facing a civil war and morever, most of their family members, including their father, brothers and cousins, have been killed.
The bench, also comprising Justice D Y Chandrachud, has sought a response from the Centre, represented by Additional Solicitor General Maninder Singh and fixed the plea for further hearing on January 20.
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The bench was harsh on alleged visa rule violations by the two students and said "we are accomodating them and they cannot breach the rules. They must stay at a fixed place. You (lawyer) just close your eyes and think if somebody does the same in US, what will happen?...There is a breach."
"In our country, you do not listen to the law. We are asked to listen to more of those who do not listen to our law," the bench said.
The plea of Sudanese nationals was mentioned for early hearing by Gonsalves which was agreed to by the court.
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