Chief Justice Questions India's Obligations Toward Illegal Rohingya Immigrants in Missing Persons Case

Chief Justice Surya Kant has scheduled the hearing on December 16.

In a stern response to a petition concerning five missing Rohingya individuals, Chief Justice of India Surya Kant questioned whether illegal immigrants should receive preferential treatment in the country. The Chief Justice raised the fundamental question about the state's obligation towards those who have entered illegally.

The petition had highlighted the disappearance of five Rohingya from custody and argued for legal deportation processes.

"When individuals illegally cross borders, whether through tunnels or fences, and then demand legal protections including food, shelter, and education for their children - are we extending the law too far?" the Chief Justice remarked.

He further emphasized, "Our country has its own underprivileged citizens. Shouldn't they be the priority for benefits and amenities?" The Chief Justice described filing habeas corpus petitions in such cases as "fanciful." Habeas corpus requires authorities to present detained individuals before a court to determine if their custody is lawful.

Nevertheless, the Chief Justice clarified that even illegal entrants should not face "third-degree methods."

Chief Justice Kant noted the government has not granted refugee status to Rohingya. "Without legal refugee status, if someone intrudes illegally, is there an obligation to accommodate them? With our sensitive northern border, should intruders receive a red carpet welcome?" he questioned.

Solicitor General Tushar Mehta argued that the petition should only be considered if affected parties approach the court directly. The Supreme Court has postponed the matter to December 16, when it will be heard alongside similar pending petitions.