Ex-judges, lawyers write to CJI over Rohingya remark

Taking exception to Chief Justice of India Surya Kant’s remarks on Rohingyas living in India, several former judges, advocates and the Campaign for Judicial Accountability and Reforms on Friday said his remarks “dehumanised those fleeing genocidal persecution and weakened the moral authority of the judiciary”.

“As the head of the judiciary, the Chief Justice is not just a legal functionary, but also the custodian and final arbiter of the rights of the poor, the dispossessed and the marginalised. Your words carry weight not simply in the courtroom but in the conscience of the nation and have a cascading effect on the high courts, the lower judiciary and other government authorities,” they said in an open letter to CJI Kant.

Questioning the legal status of Rohingyas living in India, a Bench led by CJI Kant had on December 2 wondered if intruders should be given a red carpet welcome while her own citizens faced poverty and resource crunch.

The former judges, including former Delhi High Court Chief Justice AP Shah and senior advocates Rajeev Dhavan, Chander Uday Singh and Colin Gonzalves said, “The remarks from the Bench are contrary to core constitutional values. They have had the effect of dehumanising Rohingya refugees whose equal humanity and equal human rights are protected by the Constitution, our laws and by international law.”