Daijiworld Media Network – New Delhi
New Delhi, Dec 10: Forty-four former judges of the Supreme Court and various High Courts have strongly condemned what they termed a “motivated campaign” against the Chief Justice of India (CJI) following his recent remarks during court proceedings on Rohingya migrants.
In a sharply worded open letter, the retired judges said the “disparagement” of the Supreme Court was unacceptable, asserting that criticism must remain fair, reasoned, and not aimed at undermining the judiciary.
“We express our strong objection to the motivated campaign targeting the Hon’ble Chief Justice of India in the wake of his remarks in proceedings concerning Rohingya migrants,” the letter stated.
The signatories underlined that the campaign was not a principled disagreement, but an attempt to portray routine courtroom queries as prejudice. “The Chief Justice is being attacked for asking the most basic legal question: who, in law, has granted the status that is being claimed before the Court?” they noted, adding that no adjudication can proceed without addressing this foundational issue.
The judges emphasised that the Bench had clearly affirmed that no human being on Indian soil—citizen or foreigner—can be subjected to torture, disappearance, or inhuman treatment, and that human dignity must be respected. They said selectively ignoring these remarks and accusing the Court of “dehumanisation” amounted to a serious distortion.
On legal status, the letter pointed out that the Rohingyas entered India without any statutory refugee-protection framework, in many cases through irregular or illegal means, and cannot claim refugee status by mere assertion. India is neither a signatory to the 1951 UN Refugee Convention nor the 1967 Protocol, they noted, adding that the nation’s obligations arise from its Constitution, immigration laws, and universal human-rights principles.
A “serious and legitimate concern,” the letter said, was the reported procurement of Indian IDs—such as Aadhaar and ration cards—by Rohingya migrants, warning that such misuse threatens the integrity of India’s identification and welfare systems. The retired judges supported the idea of a court-monitored Special Investigation Team (SIT) to probe such lapses and expose any organised trafficking operations.
While acknowledging the complex citizenship issues faced by Rohingyas in Myanmar, the signatories maintained that Indian courts must follow clear legal categories, not political slogans. They said the judiciary’s intervention in the matter remained firmly within constitutional limits, balancing national security with the obligation to uphold human dignity.
The former judges cautioned that if every probing judicial question on nationality, migration, documentation or border security is met with allegations of prejudice, it could endanger judicial independence itself.
Expressing complete confidence in the Supreme Court and the CJI, they reiterated support for a court-monitored SIT to investigate the illegal procurement of Indian identity documents.
“Bharat’s constitutional order demands both humanity and vigilance,” the letter concluded.
Among the signatories are former Supreme Court judges Anil Dave and Hemant Gupta, former Rajasthan High Court Chief Justice Anil Deo Singh, and former Chief Justice of the J&K and Delhi High Courts B.C. Patel.