Overview
- Retired judges, senior advocates and civil-society members, including A.P. Shah, K. Chandru, Anjana Prakash, Rajeev Dhavan and Colin Gonzalves, issued a public letter to the Chief Justice on December 5.
- The letter objects to remarks reported from the Supreme Court bench questioning Rohingya refugee status and referencing “intruders,” a “red carpet,” and people who “dig tunnels” to enter India.
- The remarks were made during a habeas corpus plea by activist Rita Manchanda alleging the detention and disappearance of five Rohingya persons and seeking due process in any deportations.
- Citing Article 21, case law, and India’s 2011/2019 Standard Operating Procedure for those claiming refugee status, the signatories stress non-refoulement and say refugee status is declaratory.
- They ask the CJI to publicly reaffirm commitment to constitutional morality and human dignity, warn that the comments create apprehension of prejudice, and note no public response from the court has been reported.