On Tuesday, December 2, the Supreme Court of India questioned whether the judiciary was expected to extend extraordinary protections to those who enter the country illegally. The bench headed by Chief Justice of India Surya Kant asked, “Do you want us to roll out a red carpet for them?” The bench was hearing a habeas corpus petition alleging the disappearance of Rohingya refugees
The Supreme Court noted that the Indian government has not listed Rohingyas as refugees and they are intruders in India.
During the hearing, it was alleged that Delhi Police picked up some rohingyas in May this year and their whereabouts are unknown.
To this, Justice Surya Kant said, “Where is the order of the Government of India declaring them (Rohingyas) 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 that fellow here?”
The bench further noted, “We have a very sensitive border in North India. If an intruder enters illegally, do we have the obligation to keep them here?”
CJI also asked that whether the limited resources in India should be spent on intruders or on the welfare of Indian children.
