New Delhi. The Supreme Court on Tuesday made strict remarks regarding giving legal status to Rohingya Muslims living in India. Coming down heavily on a petition seeking to track down 5 missing Rohingya, Chief Justice Surya Kant asked whether the country should roll out the red carpet for illegal immigrants. The Chief Justice also asked that if someone has come illegally then is it the responsibility of the government to keep him in the country.

What did the Chief Justice say on the petition regarding Rohingyas?

Let us tell you that activist Rita Manchanda had alleged in the petition that Delhi Police had picked up 5 Rohingyas in May 2025 and now there is no information about them. It was also argued that a legal process should have been followed for deportation. On this, the bench of CJI Surya Kant and Justice Joymalya Bagchi said during the hearing, "First you come inside, you cross the border illegally. You dig a tunnel or cross the fencing... Then you say, now that I have come inside, your laws should apply to me. You say, I have the right to food, I have the right to a place to live, my children have the right to education. Can we treat the law like this? Want to draw like?”

Poor people in our country too – Supreme Court

The Supreme Court further said, "There are poor people in our country too. They are citizens. Why are they not given attention?" Filing Habeas Corpus Petition in such cases is absolutely “contrived”. In a Habeas Corpus case, any person detained must be produced before the court so that the judge can see whether the detention is legal or not. However, the Chief Justice stressed that 'third-degree' should not be used against anyone who trespasses illegally.

If Rohingyas are found to be foreigners, they will have to go back.

Solicitor General Tushar Mehta, appearing for the Centre, said the petition should not be considered unless the affected parties approach the court. On this the court said, first it has to be decided whether the Rohingyas are refugees or foreigners who came illegally. After this, the Supreme Court postponed the case till December 16, so that it could be heard along with similar pending petitions. Earlier on May 8, the court had said that if the Rohingyas are found to be foreigners under Indian law, they will have to be sent back. The United Nations (UNHCR) identity card is not very helpful in terms of Indian laws.