Retired Judges, practising lawyers, and other academics have written an open letter to the Chief Justice of India, Surya Kant, on Friday, December 5, criticising his remarks on the status of Rohingyas in India.
On Tuesday, December 2, a bench comprising CJI Kant and Justice Joymalya Bagchi in the Supreme Court had sharply questioned the legal status of Rohingyas living in India and asked whether “intruders” should be given a “red carpet welcome” while the country’s own citizens grapple with poverty.
The observations were made while hearing a habeas corpus (bring the person) petition filed by rights activist Rita Manchanda alleging the disappearance of a few Rohingyas from the custody of authorities here.
“If they do not have legal status to stay in India, and you are an intruder, we have a very sensitive border in the north India side. If an intruder comes, do we give them a red carpet welcome saying we would like to give you all facilities?” the CJI asked, adding, “What is the problem in sending them back?”
In the letter, the Judges and lawyers, along with the Campaign for Judicial Accountability and Reforms (CJAR), wrote that they were deeply concerned over the “unconscionable remarks” made by the Supreme Court bench.
“The remarks from the bench are contrary to core constitutional values. They have had the effect of dehumanising Rohingya refugees, whose equal humanity and equal human rights are protected by the Constitution, our laws, and by international law,” the letter read.
The bench’s statements regarding the legal status of those refugees, while equating them with intruders who “dug a tunnel or crossed the fence and entered India illegally,” were particularly troubling to the association of lawyers and judges.
It argued that using India’s poverty to deny refugees basic rights guaranteed by the Constitution, and implying that they only deserve protection from torture, is not a full human rights treatment in India.
Citing the United Nations’s description of the Rohingya as “the most persecuted minority in the world,” the letter stated that the ethnic minority have endured decades of violence and discrimination, and remains stateless.
“They have fled to neighbouring countries in waves over the past many years, escaping what has been described by the International Court of Justice as ethnic cleansing and genocide at the hands of the armed forces. They are fleeing to India, like centuries of refugees before them, seeking basic safety.”
Moreover, describing the Chief Justice as not merely a legal functionary but the “custodian and final arbiter” of the rights of the poor and marginalised, the letter stressed that his words carry moral weight for the nation and can trigger a domino effect across the High Courts and lower judicial bodies.
“Your words carry weight not simply in the courtroom but in the conscience of the nation and have a cascading effect on the High Courts, the lower judiciary and other government authorities.”
The letter urged the CJI to publicly reaffirm a commitment to constitutional morality rooted in human dignity and justice for everyone.
This post was last modified on December 6, 2025 2:41 pm