‘Should we roll out a red carpet for them?’: Supreme Court’s sharp remarks on illegal immigrants; issues key directions
New Delhi (The Uttam Hindu): The Supreme Court on Tuesday made strong observations while hearing a matter related to illegal immigrants. Chief Justice of India (CJI) Justice Surya Kant questioned whether people who enter the country illegally can later demand rights, saying, “Should we roll out a red carpet for infiltrators?”
A bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing a habeas corpus petition that alleged some Rohingya individuals were detained by Delhi Police in May and have been untraceable since. The petition demanded that if they are to be deported, the process must follow legal procedures.
The petitioners sought details from the Centre regarding the detention and deportation process of these Rohingyas. Solicitor General Tushar Mehta opposed the plea. The CJI remarked that North India has highly sensitive borders, adding, “You expect us to lay out a red carpet for them? They enter through tunnels and then demand rights like food, shelter and education.”
The Chief Justice questioned whether the law should be stretched in such cases, stating that poor children of India deserve these facilities first. The bench said using habeas corpus in such matters is “highly imaginative”. The court refused to hear the petition for now and scheduled it for 16 December, also declining to issue any notice.
The Supreme Court further questioned whether individuals who enter India illegally can be called “refugees”, asking: “If someone infiltrates into the country, can they claim a right to stay here?”
The petitioner’s counsel clarified that they were not demanding special rights for Rohingyas. Their only request was that the government follow its own procedure for deportation. They cited the Salimullah case (2020), where the Court had held that Rohingyas can be sent back only through due legal process.
Earlier this year, the Supreme Court had stated in a separate matter concerning Sri Lankan Tamil refugees that India cannot become a “dharamshala” for refugees from all sides. In May, the Court also said that claims of Rohingyas being thrown into the sea seemed “more like a fictional narrative”.