A group of 44 former judges of the Supreme Court and various High Courts have issued a joint statement criticising what they describe as a deliberate attempt to misrepresent the Chief Justice of India’s (CJI) comments during a recent hearing involving Rohingya migrants.
They said the rhetoric directed at the CJI amounted to an effort to erode public faith in the judiciary.
The signatories stressed that while judicial proceedings may attract fair criticism, the current campaign goes beyond reasoned disagreement and attempts to portray routine judicial questions as evidence of bias.
The retired judges underlined that the CJI had merely asked a fundamental question: who had granted the legal status being claimed before the Court? They said no judicial decision can proceed without determining the legal position of the individuals concerned.
They further pointed out that the Bench had clearly stated that no person in India, whether a citizen or a foreign national, should face torture, disappearance, or inhuman treatment, and they accused critics of ignoring this crucial observation.
The statement reiterated that Indian law does not recognise Rohingya migrants as refugees and that India has not signed the 1951 UN Refugee Convention or its 1967 Protocol. Any obligations, they said, arise from the Constitution and domestic law, not international treaties.
Call for SIT to Investigate Illegal Documentation
A significant concern raised by the former judges relates to reports of Rohingya individuals obtaining Aadhaar cards, ration cards and other welfare-linked documents. Such misuse, they warned, undermines national identification systems and suggests possible collusion or organised networks.
They supported considering a court-monitored Special Investigation Team (SIT) to probe how illegally-entered foreign nationals acquired these documents and identify the officials or intermediaries responsible.
The statement emphasised that the judiciary has struck a careful balance, defending national security and legality while upholding human dignity. Turning this balanced approach into allegations of prejudice, the judges said, damages both the CJI and the institution.
Reaffirming their confidence in the Supreme Court, they urged an end to personalised attacks on judges and called for public debate grounded in facts rather than misinterpretation.
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