The Supreme Court on Tuesday sharply questioned the legal status of Rohingyas living in India, asking whether “intruders” who enter the country illegally should be given a “red carpet welcome” while Indian citizens continue to struggle with poverty.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi made strong observations while hearing a habeas corpus petition filed by rights activist Rita Manchanda, alleging that several Rohingyas detained by authorities in Delhi had gone missing.
The court adjourned the hearing to December 16.
The petitioner claimed that some Rohingyas were picked up by Delhi Police in May and their whereabouts remain unknown. Responding sharply, the CJI asked, “If they do not have legal status to stay in India and they are intruders, what is the problem in sending them back?” He added that India has a large population of poor citizens who must be prioritised in allocation of resources.
“First you cross the border illegally, then you say you are entitled to food, shelter, and education. Do we want to stretch the law like this?” the CJI observed.
The petitioner cited a 2020 Supreme Court order which stated that Rohingyas could be deported only through due procedure. The bench replied that even as illegal entrants must not be subjected to harsh treatment, the rights of Indian citizens could not be ignored.
Solicitor General Tushar Mehta, appearing for the Centre, argued that the plea lacked locus standi as it was not filed by any affected person.
Earlier, on July 31, the top court had noted that the primary question in all Rohingya-related matters was whether they should be considered refugees or illegal entrants. The bench reiterated that once this classification is settled, other issues would follow.
Among the questions framed by the court were:
- Whether Rohingyas are entitled to refugee status and associated protections.
- If they are illegal entrants, whether deportation by the Centre and states is justified.
- Whether illegal entrants can be detained indefinitely or must be released on bail.
- Whether Rohingyas living in camps are receiving basic amenities such as water, sanitation and education.
- Whether the government is obligated to deport illegal entrants strictly according to law.
The court segregated all related petitions into three categories and said they would be heard on consecutive Wednesdays.
In earlier hearings this year, the apex court had declined to stay the deportation of Rohingyas and criticised petitioners for presenting unverified claims, including allegations that refugees were abandoned in the Andaman Sea.
