Overview
- An open letter released on December 5 by retired judges, senior advocates and the Campaign for Judicial Accountability and Reforms urges Chief Justice Surya Kant to address concerns over his bench’s recent comments on Rohingya refugees, with signatories including A.P. Shah, K. Chandru, Anjana Prakash and Rajeev Dhavan.
- During a December 2 hearing on a petition by activist Rita Manchanda regarding the custodial disappearance of Rohingyas, the bench questioned whether the government had declared Rohingyas as refugees and used phrases such as “intruders,” references to “digging tunnels,” and a “red carpet” for undocumented entrants.
- The letter argues the remarks dehumanise a vulnerable population, risk prejudicing ongoing proceedings and erode confidence in the judiciary, calling on the Chief Justice to publicly reaffirm a commitment to human dignity and constitutional morality.
- Citing Indian jurisprudence and policy, the signatories stress that Article 21 protects all persons in India, that non-refoulement has been read into it, that refugee status is declaratory, and that India’s 2011 Standard Operating Procedure updated in 2019 requires individual assessment of claims.
- Referencing United Nations and International Court of Justice characterisations of Rohingya persecution and statelessness, the letter situates the issue within international law, and news reports note no public response or substantive court order addressing the concerns so far.