The Supreme Court delivered sharp remarks while hearing a petition concerning the alleged disappearance of several Rohingyas who were earlier taken into custody. During the proceedings, the Bench headed by Chief Justice Surya Kant questioned whether individuals who entered India unlawfully could claim broad constitutional protections without any formal recognition of their status.
The Court noted that these Rohingya individuals were not registered refugees under any Indian or international framework and observed that those who cross borders secretly or without documentation cannot automatically demand access to state resources or public welfare schemes. “Are we expected to offer a red-carpet reception to people who enter the country illegally?” the Chief Justice asked, emphasizing the pressure such migration places on India’s borders and public systems.
The petition before the Court was filed as a habeas corpus plea seeking clarity on the whereabouts of certain Rohingya persons, with concerns raised about possible illegal detention or deportation. However, the Court also questioned the credibility and standing of the petitioner to file such a plea, after Solicitor General Tushar Mehta argued that the applicant had no personal connection to the missing individuals.
The Bench made it clear that the issue was not one of humanitarian sympathy alone, but of legal limits and national security considerations. It observed that rights available to citizens or legally recognized refugees cannot simply be extended to undocumented entrants.
After hearing the submissions, the Supreme Court deferred the matter and scheduled it for further consideration on December 16, indicating that similar petitions involving Rohingya immigrants are already pending before it.
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