A group of retired judges and senior members of the legal fraternity has written a strong letter to Chief Justice of India Surya Kant, expressing concern over remarks allegedly made by a Supreme Court Bench during a recent hearing involving Rohingya refugees. The signatories, which include former High Court judges and prominent lawyers, said the comments risked “dehumanising” one of the world’s most persecuted communities.
The controversy stems from observations reportedly made during the hearing of a habeas corpus petition concerning missing Rohingya individuals. According to the letter, the Bench questioned whether Rohingyas could be considered “refugees” at all and appeared to equate them with illegal intruders. The signatories also objected to remarks that seemed to suggest that non-citizens might not be entitled to food, shelter, or education because India faces its own resource constraints.
In their letter, the retired judges and advocates argued that such views undermine constitutional protections that apply to “all persons,” irrespective of nationality. They reminded the CJI that Article 21 guarantees basic human dignity to every individual on Indian soil and that India has historically offered refuge to communities fleeing violence, even without formal refugee laws.
They further warned that comments made in open court carry significant influence, shaping how government officials and lower courts respond to vulnerable groups. Portraying refugees as threats, they said, risks normalising hostility and weakening the judiciary’s commitment to fairness and humanitarian principles.
Calling the remarks “deeply troubling,” the signatories urged the Chief Justice to reaffirm the Supreme Court’s role as protector of fundamental rights and to ensure that the discourse surrounding refugees does not stray from constitutional morality and established human rights norms
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