Concerns Raised Over Supreme Court Remarks on Rohingya Refugees

A coalition of former judges and legal advocates has expressed serious concerns regarding remarks made by the Supreme Court about Rohingya refugees. In an open letter to Chief Justice Surya Kant, they argue that the comments undermine fundamental constitutional principles and dehumanize a vulnerable population. The letter emphasizes the need for equitable treatment and protection of human rights for all individuals, regardless of their immigration status. As the Rohingya community seeks safety in India, the implications of the court's statements raise critical questions about justice and compassion in the face of adversity. This situation highlights the ongoing struggle for refugee rights and the responsibilities of nations to uphold human dignity.

By Narendra Chaudhary Dec 5, 2025, 19:54 IST

Open Letter Addresses Chief Justice's Controversial Comments

A group of former judges, legal professionals, and the civil society organization Campaign for Judicial Accountability and Reforms sent an open letter to Chief Justice Surya Kant on Friday, voicing their discontent regarding the 'unconscionable remarks' made by the chief justice's bench about Rohingya refugees during a recent court session.

The signatories asserted that these comments contradict fundamental constitutional principles.

According to the letter, the remarks have contributed to the dehumanization of Rohingya refugees, whose inherent humanity and rights are safeguarded by both the Constitution and international law.

During a hearing on Tuesday, Chief Justice Kant and Justice Joymalya Bagchi questioned the extent to which the law should accommodate individuals who enter India unlawfully. They also inquired whether the Union government had issued any formal declaration recognizing Rohingyas as refugees.

The bench was addressing a habeas corpus petition alleging that five Rohingya individuals had been detained by authorities and subsequently went missing. A habeas corpus petition allows courts to demand the production of a person to confirm their detention status.

The petition further requested that the deportation of undocumented migrants be conducted according to established legal procedures.

Kant remarked on India's 'sensitive border' in the north, questioning if immigrants should have access to the nation's resources at the expense of Indian citizens' needs, as reported by a Media Channel.

He was quoted saying, 'So you want a red carpet for them [undocumented migrants]? You enter through [a] tunnel, etc., and then you are entitled to food, shelter, and education for children.'

On Friday, the group expressed deep concern over the remarks, emphasizing their commitment to equity, human dignity, and justice.

The letter highlighted the troubling nature of comments that questioned the legal status of Rohingyas as refugees, equating them with illegal intruders, and the implications of denying them basic rights such as food, shelter, and education.

Notable signatories include AP Shah, former chief justice of the Delhi High Court, K Chandru, a former judge of the Madras High Court, and Anjana Prakash, a former judge of the Patna High Court. Supreme Court Advocates Rajeev Dhavan, Colin Gonzalves, and Kamini Jaiswal also signed the letter.

The civil society group's working team includes advocate Prashant Bhushan.

The letter criticized the use of domestic poverty as a rationale for denying refugees their constitutionally guaranteed rights and expressed concern over the suggestion that they should be spared harsh treatment in India.

Members of the Rohingya community, like all individuals in India, are entitled to the protections outlined in Article 21 of the Constitution, which guarantees the right to life and personal liberty.

The former judges and lawyers noted that the United Nations has labeled the Rohingyas as 'the most persecuted minority' globally, highlighting that they have fled to neighboring countries to escape what the International Court of Justice has termed ethnic cleansing and genocide.

'They are seeking refuge in India, much like countless refugees before them, in search of basic safety,' the group stated.

The letter emphasized that the chief justice's words, as the judiciary's leader, hold significant influence not only in courtrooms but also in the national conscience, impacting lower courts and authorities.

'Using the struggles of the impoverished in India to justify denying protections to refugees sets a perilous precedent, contradicting the principles of constitutional justice,' it concluded.