The Supreme Court on Tuesday took a sharp stance while hearing a habeas corpus petition alleging the disappearance of Rohingya refugees, questioning whether the judiciary was expected to extend extraordinary protections to those who enter the country illegally.
Chief Justice of India Surya Kant, heading the bench, said, “Do you want us to roll out a red carpet for them?" The Court noted that Rohingyas were entering India through underground routes and then demanding rights such as food and shelter. “They enter through tunnels and demand rights like food and shelter," the CJI observed.
Emphasising on the pressure on limited welfare resources, the Chief Justice asked: “Are your poor children not entitled to these benefits? Do we have to stretch the law this far?"
The bench also highlighted security concerns linked to illegal migration, especially along India’s northern borders. “We have a very sensitive border in North India. If an intruder enters illegally, do we have the obligation to keep them here?" the CJI said, highlighting the national-security side of the issue.
The observations came during the hearing of a plea alleging that Rohingyas were going missing.
Solicitor General Tushar Mehta, however, questioned the very basis of the petition, arguing that it had been filed by someone with no locus to raise such issues.
“A PIL petitioner who has nothing to do with Rohingyas is asking these prayers," he submitted, urging the Court not to entertain the plea.
After briefly hearing the parties, the bench adjourned the matter and said it would take it up again on December 16.
The Rohingya debate in India centres on whether members of the persecuted Muslim minority from Myanmar should be allowed to remain in the country or be deported for entering illegally. India is not a signatory to the UN Refugee Convention, and the government classifies Rohingyas as “illegal migrants," arguing that their presence poses security risks.
Successive intelligence assessments have flagged concerns about human trafficking networks, forged identity documents, and alleged links to extremist groups. Human rights organisations, however, maintain that Rohingyas fleeing ethnic cleansing deserve protection under international humanitarian principles, and that India must uphold the constitutional guarantee of life and dignity for all persons, regardless of nationality.
Most Rohingyas in India entered through the porous Bangladesh border, often assisted by traffickers who move people across riverine routes and jungle paths in West Bengal, Tripura, and Assam. Others have crossed through Jammu and parts of the Northeast, bypassing standard immigration checks.
Without valid documents, they settle in makeshift camps in Delhi, Jammu, Hyderabad, Mewat, and parts of Rajasthan, relying on forged Aadhaar cards or voter IDs procured through local networks to access basic services. These illegal entries and forged identity documents form the core of the government’s argument that the community cannot be allowed unrestricted rights.
