New Delhi, December 10, 2025 – A group of 44 former judges from the Supreme Court and various High Courts have released a joint statement denouncing what they describe as a "motivated campaign" against Chief Justice of India (CJI) Surya Kant following his remarks during court proceedings related to Rohingya migrants. The former judges are objecting to the disparagement of the Supreme Court and attempts to undermine public trust in constitutional institutions.
The controversy stems from comments made by CJI Kant during a December 2 court hearing regarding the legal status of Rohingya migrants in India. The former judges argue that criticism has unfairly targeted the CJI and mischaracterized routine courtroom queries as prejudiced acts. They emphasize that judicial proceedings should be subject to fair and reasoned criticism, not attempts to delegitimize the judiciary.
The statement highlights that CJI Kant was simply asking a fundamental legal question: "who, in law, has granted the status that is being claimed before the court?". They asserted that this question is essential for any adjudication on rights or entitlements.
The former judges also point out that the CJI Kant-led bench explicitly affirmed that every person on Indian soil, whether a citizen or foreigner, is entitled to dignity and cannot be subjected to torture, disappearance, or inhuman treatment. They criticize the campaign for omitting this key point and accusing the court of "dehumanization," calling it a serious distortion of what was said.
The retired judges emphasized that Rohingyas have not been admitted to India under any formal refugee protection framework and that their entry is often irregular or illegal. They noted that India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol, and its obligations arise from its Constitution, domestic immigration laws, and general human rights norms.
The statement also addresses concerns about reports of Rohingyas obtaining Indian identity documents, such as Aadhaar cards and ration cards. The former judges warned that such misuse undermines the integrity of India's identification and welfare systems and merits urgent scrutiny. They expressed support for a court-monitored Special Investigation Team (SIT) to investigate the illegal procurement of Indian identity and welfare documents by foreign nationals who have entered India unlawfully.
Signatories to the statement include former Supreme Court judges Anil Dave and Hemant Gupta, as well as former Chief Justices of High Courts such as Anil Deo Singh (Rajasthan), BC Patel (Jammu & Kashmir and Delhi), PB Bajanthri (Patna), and Subhro Kamal Mukherjee (Karnataka).
This intervention by former judges underscores the sensitivity surrounding the issue of Rohingya migrants in India and the importance of maintaining the judiciary's independence and impartiality. It also highlights the ongoing debate about balancing humanitarian concerns with national security and legal obligations.
