44 Retired Judges Condemn 'Motivated Campaign' Against CJI Surya Kant Over Rohingya Case Remarks: 'Serious Distortion'

(MENAFN- Live Mint) As many as 44 former judges of the Supreme Court and High Court condemned the "motivated campaign" targeting Chief Justice of India Surya Kant over his remarks in proceedings concerning Rohingya migrants.

“We the undersigned retired Judges 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, including the open letter dated 5 December 2025,” the letter read.

The statement noted that an open letter was issued on December 5 by some former judges, lawyers and the Campaign for Judicial Accountability and Reforms (CJAR), raising "deep concern at certain unconscionable remarks made about Rohingya refugees on December 2" by a top court bench that was hearing a plea alleging custodial disappearance of Rohingya refugees in India.

Underlining that "disparagement of the Supreme Court is unacceptable", the statement said judicial proceedings should only be subject to fair and reasoned criticism.

"What we are witnessing, however, is not principled disagreement but an attempt to delegitimise the judiciary by mischaracterising a routine courtroom proceeding as an act of 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? No adjudication on rights or entitlements can proceed unless this threshold is first addressed," the statement said.

' Serious distortion'

It said the campaign against the CJI omitted the bench's clear affirmation during the proceedings that no human being on Indian soil, citizen or foreigner, can be subjected to torture, disappearance or inhuman treatment, and that every person's dignity must be respected.

"To suppress this and then accuse the court of 'dehumanisation' is a serious distortion of what was actually said," the statement signed by more than 40 judges said.

It said if every "searching judicial question" on nationality, migration, documentation or border security is accused of hate or prejudice, judicial independence itself would be at risk.

"We therefore affirm our full confidence in the Supreme Court and in the CJI, condemn motivated attempts to distort the court's remarks and personalise disagreement into attacks on individual judges; and support consideration of a court-monitored SIT into the illegal procurement of Indian identity and welfare documents by foreign nationals who have entered Bharat in violation of law," the statement said.

It said the country's constitutional order requires both humanity and vigilance.

"In upholding human dignity while safeguarding national integrity, the judiciary has acted in accordance with its oath. It merits principled support, not vilification," the statement said.

'Basic facts and legal position' of Rohingyas'

The judges further stated, "certain basic facts and legal position" of Rohingyas. They said, "This background only reinforces the need for Indian courts to proceed on clear legal categories, not slogans or political labels." The five facts that they listed were:

1. Rohingya have not come to India as refugees under Indian law. They have not been admitted through any statutory refugee-protection framework.

2. India is neither a signatory to the UN Refugee Convention of 1951 nor its 1967 Protocol.

3. There is a serious and legitimate concern as to how persons who entered India illegally have obtained Aadhaar cards, ration cards and other Indian documentation.

4. In these circumstances, it is both necessary and appropriate that a Court-monitored Special Investigation Team (SIT) be considered.

5. The situation of the Rohingya in Myanmar itself is complex and cannot be brushed aside. There, too, they have long been treated as illegal migrants originating from Bangladesh, with contested or denied citizenship.

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