NEW DELHI, Dec 10: Forty-four retired Supreme Court and high court judges on Wednesday strongly condemned a “motivated campaign” against Chief Justice of India Surya Kant over his courtroom remarks on Rohingya refugees during a recent hearing.
In a statement titled ‘Disparagement of the Supreme Court is Unacceptable,’ the former judges accused critics of maligning the judiciary by attributing political motives to the CJI, thereby eroding public trust in constitutional institutions and judicial independence. They stressed that while fair criticism of judicial proceedings is permissible, the ongoing efforts mischaracterize routine legal discourse as prejudice to delegitimize the court.
The judges highlighted that the CJI faced attacks merely for posing a fundamental legal question: under what authority was the claimed status granted? They noted that no rights adjudication can proceed without first establishing this threshold, and critics conveniently ignored the bench’s explicit assurance that no person on Indian soil—citizen or foreigner—can endure torture, disappearance, or inhuman treatment.
The group reaffirmed their complete confidence in the Supreme Court and CJI, denounced efforts to distort the court’s observations and personalize disagreements into personal assaults on judges, and endorsed a court-supervised SIT investigation into foreign nationals illegally obtaining Indian identity and welfare documents after unlawful entry.
The controversy arose on December 2 during a habeas corpus petition by activist Rita Manchanda alleging the disappearance of Rohingyas from custody. CJI Surya Kant, alongside Justice Joymalya Bagchi, remarked: “If they do not have legal status to stay in India, and you are an intruder… do we give them a red carpet welcome?” while questioning obstacles to their repatriation.
