‘Red carpet for intruders?’: Supreme Court raps petitioner in Rohingya case

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a habeas corpus plea alleging the custodial disappearance of Rohingyas who were reportedly detained by Delhi Police in May.

Challenging the plea, CJI Kant asked, “Where is the order of the Government of India declaring them refugees? Refugee is a well-defined legal term… If someone has no legal status and enters illegally, do we have an obligation to keep that person here?”

The petitioner’s counsel clarified that the plea neither sought refugee status nor opposed deportation but demanded that due process be followed.

The CJI, however, continued his sharp remarks, pointing to security concerns along India’s northern borders: “If an intruder digs a tunnel or crosses a fence and enters illegally, do we give them a red carpet welcome? After entering illegally, can they then claim entitlement to food, shelter and education?”

The counsel argued the plea only aimed to prevent “third-degree methods” in the deportation process.

In May, a bench led by Justice Kant had earlier dismissed another petition alleging that Indian authorities had picked up Rohingyas and thrown them into the sea, calling it a “beautifully crafted story”.