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CJI Suryakant: Hurt by the comments of the Supreme Court bench on Rohingya refugees, former judges and lawyers have written an open letter to the CJI. The letter expresses deep concern over the alleged statements of the bench, in which the Rohingyas were allegedly equated with infiltrators and their human rights were questioned. The signatories have described these comments as contrary to constitutional values and the moral authority of the judiciary.
An open letter has been written by former judges and senior advocates addressing the Chief Justice of India (CJI) Surya Kant. This letter expresses deep concern over the comments of the CJI in the Supreme Court during the hearing of a petition related to Rohingya refugees on 2 December 2025. The CJI had reportedly raised questions on the legal status of the Rohingyas during the hearing. They were termed “infiltrators who entered illegally. They were even compared to persons who entered illegally by digging tunnels.” The petition was filed by Dr Rita Manchanda, alleging custodial disappearance of Rohingya refugees.
Derogatory comments and questions on judicial authority
The letter said that these comments have dehumanized the Rohingya refugees while their equal humanity and human rights are protected by the Constitution, Indian laws and international law. The signatories particularly objected to the suggestion that refugees be denied basic constitutional rights by citing domestic poverty. It was suggested in the letter that third degree measures should be avoided.
The letter emphasizes that the CJI, as the head of the judiciary, is not only a legal functionary but also the guardian and final arbiter of the rights of the poor, deprived and marginalized people. His words deeply impact the conscience of the nation and set an example for lower courts and government officials.
Constitution and international obligations
In the letter, the signatories made it clear that the status of the Rohingya is qualitatively different from that of illegal immigrants because they are refugees. The United Nations has described them as the world’s most persecuted minority, fleeing genocide in Myanmar. The purpose of the letter is to remind the court that any person living in India is entitled to protection under Article 21. The Supreme Court has earlier ruled (NHRC vs. Arunachal Pradesh, 1996) that the State is bound to protect the life and liberty of a human being, whether a citizen or anyone else.”
It was said that India has a strong background in providing humanitarian protection by providing special documentation to Tibetans and Sri Lankans and by providing shelter to millions of Bangladeshi refugees in 1970-71. The letter concludes that such rhetoric undermines public confidence in the judiciary and hence the CJI is requested to publicly reaffirm his commitment to constitutional ethics based on human dignity and justice for all.
