44 Retired Judges extend support to Chief Justice Suryakant, cite Rohingyas’ illegal entry

Controversy over Chief Justice Suryakant’s remarks on Rohingyas
Earlier some other retired judges had objected to the remarks by the Chief Justice

New Delhi – A controversy has erupted over certain remarks made by Chief Justice Suryakant during a court hearing regarding the Rohingyas. Following his remark, a campaign has been launched against him. Responding to this, 44 retired supreme court and high court judges have issued a joint statement condemning the criticism and defending the Chief Justice’s stand.

What did the retired judges say in support ?

In their joint statement, the retired judges clarified the following points:

1. Judicial proceedings may certainly be subjected to scrutiny; however, much of the current criticism goes far beyond the core legal issues and appears to be aimed at maligning the judiciary itself. The Chief Justice merely raised a fundamental legal question regarding Rohingyas who have entered the country illegally. It is both legitimate and necessary to address this question before granting any rights or facilities to the Rohingyas.

2. The bench had explicitly stated that no individual on Indian soil can be forcibly expelled or subjected to inhuman treatment. This crucial clarification has been deliberately overlooked by several critics.

3. Under Indian law, Rohingyas are not recognised as refugees. They have not entered India through any statutory asylum system and many have crossed the border irregularly or illegally. They cannot be granted ‘refugee status’ by mere self-declaration. India is not a signatory to the 1951 United Nations Refugee Convention and does not follow the 1967 Protocol. Consequently, India’s obligations are determined by its domestic laws, the Constitution, and universally accepted human rights principles.

4. The retired judges also questioned how individuals who entered the country illegally obtained Aadhaar cards, Ration cards, and other identification documents. These documents are meant exclusively for Indian citizens and legal residents, and their misuse by infiltrators can undermine welfare schemes intended for genuine beneficiaries.

What did the Chief Justice say ?

On December 2, the Supreme Court was hearing a case concerning alleged disappearance of some Rohingyas from custody. During the proceedings, a bench headed by Chief Justice Suryakant raised doubts about granting refugee status to this community. In oral remarks, he asked, “Is it expected that infiltrators should be accorded a respectful welcome?”

Objections by some retired judges

On December 5, a group of retired judges, senior advocates, and legal scholars issued an open letter describing the Chief Justice’s remark as insensitive and inconsistent with constitutional values. They argued that denying dignity to persons fleeing persecution and violence undermines their trust in the judiciary. The signatories urged the Chief Justice to publicly reaffirm his commitment to constitutional ethics and human dignity.