SC's Remarks on Rohingyas Undermine Justice: Letter By Former Judges to CJI

A group of former judges, senior lawyers, and civil society members wrote an open letter to the Chief Justice of India. They expressed "deep concern" about comments made by a Supreme Court bench during a hearing on the alleged disappearance of Rohingya refugees on December 2, 2025.

The letter is dated December 5, 2025, and was released by the Campaign for Judicial Accountability and Reforms (CJAR). It says the court’s comments were “contrary to core constitutional values” and claims they “dehumanised Rohingya refugees.”

Former Law Commission chief Justice A.P. Shah, Justice K. Chandru, and Justice Anjana Prakash, along with senior advocates Dr Rajeev Dhavan, Colin Gonsalves, and Kamini Jaiswal, have signed the open letter.

The letter is referencing a hearing on a petition filed before the top court by academic and human rights activist Rita Manchanda about the alleged disappearance of Rohingya people in India.

The signatories have objected to the bench’s comments, which questioned whether the Rohingya were legal refugees, compared them to “intruders” who “dig tunnels” to enter the country, and asked if they should get food, shelter, and education.

The Rohingya people are “the most persecuted minority in the world” by the United Nations, are escaping violence, ethnic cleansing, and genocide in Myanmar, the letter says.

The signatories have pointed out that the International Court of Justice has recognised Rohingyas' persecution and that they are stateless because Myanmar denies them citizenship.

The signatories refer to Article 21 of the Constitution, saying everyone living in India, no matter their nationality, has the right to life and personal liberty. They also mention the Supreme Court’s decision in the 1996 case, NHRC vs State of Arunachal Pradesh, which said the State is obligated to protect the life and liberty of every person, regardless of whether they are citizens or not.

The letter also points out that India’s 2011 Standard Operating Procedure for Foreign Nationals Claiming to be Refugees was updated in 2019. It grants refugee status to those who fear persecution because of their race, religion, or nationality. The letter points out that India has a history of welcoming refugees from Tibet, Sri Lanka, and Bangladesh, and says protecting refugees does not conflict with national security.

The signatories warn that judicial authority depends on “constitutional morality, compassion and human dignity.” They say the court’s remarks could weaken public trust and create fear of bias against the Rohingya community. They have asked the Chief Justice to publicly affirm the judiciary’s commitment to protecting vulnerable groups and ensure that court discussions reflect constitutional values.