What did CJI Surya Kant say on Rohingyas, now 44 retired judges came out in support

The issue of Supreme Court Chief Justice Surya Kant’s comments made in the court regarding Rohingya migrants seems to be heating up. 44 retired judges of the Supreme Court and High Court have come forward openly against the alleged ‘inspired campaign’ being run against CJI Surya Kant. All these former judges have issued a joint statement strongly condemning the personal attacks on the CJI and calling it a conspiracy to defame the judiciary.

What did CJI Surya Kant say on Rohingyas?

In fact, on December 2, during the hearing of the case of alleged custodial disappearance of some people belonging to the Rohingya community, the bench headed by CJI Surya Kant had raised questions about the refugee status of the Rohingyas. During the hearing of the case, CJI Surya Kant had raised the question in his oral remarks whether the ‘infiltrators’ red carpet welcome Should be done.

Why did former judges criticize CJI?

After this, on December 5, some retired judges of the High Court, senior advocates and legal scholars wrote an open letter to the CJI, calling these comments ‘insensitive’ and ‘against constitutional values’. In this letter it was said that when language that denies the dignity of people who have fled violence and persecution is used, it harms the values of the Constitution and weakens the trust of the general public in the courts. This group CJI in open letter Had appealed to publicly reiterate its commitment towards constitutional morality and human dignity.

What are the judges saying in support of CJI?

Now in response to this, another group of 44 former judges have come out in favor of the CJI and said that there can be balanced and reasoned criticism on judicial proceedings, but the current debate has gone far beyond ‘principled disagreement’. According to him, this is an attempt to defame the court and portray a normal courtroom conversation as partisan.

These former judges said that the CJI was being attacked only because he had raised a fundamental legal question. After all, under which law have Rohingyas been given refugee status? He says that it is completely justified to raise this legal question before giving decision on any right or facility.

The 44 former judges also alleged that critics ignored the bench’s clear observation that no person on Indian soil should be subject to enforced disappearance or inhumane treatment and that the dignity of every person must be respected.

Do Rohingyas have refugee status?

It has also been made clear in this open letter that Rohingya are not refugees under Indian law. They have not entered India through any statutory refugee protection system. In many cases their entry has been irregular or illegal and merely making a claim does not entitle them to legal ‘refugee’ status.

The former judges also reminded that India is not a signatory to the 1951 UN Refugee Convention and its 1967 Protocol. In such a situation, India’s responsibilities are determined by its Constitution, domestic immigration laws and general human rights principles, and not by any international agreement which the country has not adopted.

The letter also expressed serious concern over how people who entered India illegally got Aadhaar cards, ration cards and other Indian documents. According to former judges, these documents are made only for citizens or people legally living in India. Their misuse weakens the country’s identity and the system of welfare schemes and the possibility of collusion, fraud and organized networks cannot be ruled out.

At the end of their letter, these 44 former judges expressed full confidence in the Supreme Court and the Chief Justice and said that they are discharging their constitutional responsibilities without any fear or pressure. He strongly condemned attempts to distort the court’s observations and turn differences of opinion into personal attacks.