A general view of Rohingya camps area near Shaheen Bagh in New Delhi.
| Photo Credit: Shashi Shekhar Kashyap
Retired High Court judges, senior advocates and legal scholars have penned an open letter to Chief Justice of India Surya Kant voicing exception to “unconscionable remarks” made from his Bench about Rohingyas while hearing a petition raising concern about the custodial disappearance of a group of them in India.
During a December 2 hearing of the petition filed by activist Rita Manchanda, Chief Justice Kant was reported in the media as orally questioning the refugee status of Rohingyas and whether intruders ought to be welcomed with a red carpet.
“When those who flee violence and persecution are dismissed with rhetoric that is hostile to their very dignity, it threatens the foundational values of our Constitution and undermines public faith in the courts as a refuge for the vulnerable… We therefore call upon you to reaffirm, in public statements, remarks in court and judicial verdicts, a commitment to constitutional morality based on human dignity and justice for all, regardless of origin. The majesty of the Supreme Court and your office is measured not merely by the number of verdicts or administrative measures but more by the humanity with which those verdicts are delivered and considered,” the open letter addressed to Chief Justice Kant said.
The letter recalled India’s track record of hosting refugees of different profiles and extending humanitarian protection while balancing national security interests and the concerns of its citizens.
“The government has issued special documentation to Tibetans and Sri Lankans, recognizing their status as refugees, and allowing them to access basic socio-economic rights… The Citizenship Amendment Act, in fact grants exemption from the provisions of the Foreigners Act to religious minorities (other than Muslims), fleeing persecution, from Bangladesh, Pakistan or Afghanistan,” it read.
The letter was signed by former Delhi High Court Chief Justice A. P. Shah, Justices K. Chandru and Anjana Prakash, along with former Director of the National Judicial Academy Prof. Mohan Gopal, senior advocates Rajeev Dhavan, Chander Uday Singh, Colin Gonzalves, Mihir Desai, Gopal Sankaranarayanan, advocates Kamini Jaiswal, Prashant Bhushan, Cheryl D’souza, Alok Prasanna Kumar, RTI activists Nikhil Dey and Anjali Bhardwaj, among others.
The letter underscored the role of the Supreme Court as the custodian and final arbiter of the rights of the poor, the dispossessed and the marginalised.
“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. A remark that equates vulnerable persons (who in the case of the Rohingya include thousands of women and children) seeking shelter with ‘intruders’ who ‘dig tunnels’, further dehumanises those fleeing genocidal persecution and weakens the moral authority of the judiciary,” the letter emphasised.
It said invoking the plight of the poor in India to justify denying protections to refugees sets a dangerous precedent and was contrary to the principles of constitutional justice.
The Rohingya, as indeed any person residing in India, were entitled to the protections of Article 21 and not just protections from “third degree measures”. This fundamental right was available to an individual who was a citizen or any other person residing in India, the letter said.
Published – December 05, 2025 05:01 pm IST
