"Should we welcome Rohingyas on a red carpet?" CJI Surya Kant responds sternly to a habeas corpus petition

The Supreme Court today asked if the Government of India has declared Rohingyas as 'refugees'. A CJI Surya Kant led becnh posed this query while responding to a petition filed against disappearance of Rohingyas.

Court was told by the petitioner that 5 Rohingyas were picked up by the Delhi police in May and there was no information about their whereabouts.

Hearing this, the CJI asked, "Where is the order of the Government of India declaring them as refugees? Refugee is a well defined legal term and there is a prescribed authority by the Government to declare them. If there is no legal status of a refugee, and somebody is an intruder, and he enters illegally, do we have an obligation to keep them here?"

The bench went on to add that the matter will be taken up along with similar connected petitions pending before Court. CJI went on to add, "We have a very sensitive border in the North India side. If an intruder comes, do we give them a red carpet welcome saying we would like to give you all facilities?"

Recently, Supreme Court while hearing a batch of petitions seeking directions to detect and deport alleged Rohingya and Bangladeshi infiltrators had asked for clarification on their status.

A bench of Justices Surya Kant, Dipankar Datta and N Kotiswar Singh had ordered that the following issues involved in the petitions will be considered:

1. Whether Rohingyas are to be declared as Refugees? If so, what protection emanates from that right?
2. If Rohingyas are illegal entrants, is Government of India and the state governments obligated to deport them?
3. If Rohingyas are illegal entrants, can they be detained indefinitely or are they entitled to be released on bail?
4. Are Rohingyas in refugee camps provided with basic amenities like sanitation, drinking water, education etc.?

Notably in 2022, the then Chief Justice of India Justice (CJI) NV Ramana of Supreme Court while hearing a mentioning of Advocate Ashwini Upadhyay seeking listing of his plea which had sought detection and deportation of Rohingya-Bangladeshi infiltrators, remarked, “These are definitely important issues, however what is the purpose of elected representatives?”

Advocate Ashwini Kumar Upadhyay had filed the PIL after Centre stated in Rajya Sabha in 2021, about 20 million illegal Bangladeshi migrants living in India. The petitioner prayed for issuance of directions to the Central and State Government to amend the respective laws to make illegal migration and infiltration a cognizable non-bailable & non-compoundable offence; declare the making of forged/ fabricated PAN Cards, AADHAR Cards, Passport, Ration Cards & Voter Cards & such other documents, a non-bailable, non-compoundable & cognizable offence & amend the laws accordingly; identify the travel agents, government employees & other such people, who directly/indirectly provide PAN Cards, Passport & Voter Cards to illegal immigrants & infiltrators & take stern action against them.

“The large scale illegal migrants, particularly from Myanmar & Bangladesh, have not only threatened the demographic structure of bordering districts but have seriously impaired the security & national integration, particularly in the present circumstances. The need for expeditious identification of illegal migrants is more pressing now than ever. It is not a matter of dealing with a religious or linguistic group but a question of identifying those who illegally crossed over the border & continue to live in India contrary to law & Constitution”, the plea stated.

Case Title: RITA MANCHANDA vs. UNION OF INDIA

Bench: CJI Kant and Justice Bagchi

Hearing Date: December 2, 2025