Are Ex-Judges Criticizing a Biased Campaign Against CJI Kant Over Rohingya Issues?

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Are Ex-Judges Criticizing a Biased Campaign Against CJI Kant Over Rohingya Issues?

Synopsis

A significant joint statement from 44 retired judges condemns the targeted campaign against CJI Surya Kant regarding his remarks on Rohingya migrants, emphasizing the importance of legal integrity and judicial independence amid rising tensions over migration issues.

Key Takeaways

44 retired judges condemn the campaign against CJI Surya Kant.
CJI Kant's inquiries on Rohingya migrants are framed as essential legal questions.
The ongoing campaign is viewed as an attempt to delegitimize the judiciary .
Importance of addressing illegal documentation among migrants is highlighted.
Judicial independence is crucial for maintaining the integrity of the legal system.

New Delhi, Dec 10 (NationPress) A collective of 44 retired judges, which includes two former Supreme Court justices and numerous ex-Chief Justices from High Courts, has released a unified statement denouncing “a biased campaign” targeting Chief Justice of India (CJI) Surya Kant following his comments during proceedings concerning Rohingya migrants.

The statement emphasized that while judicial processes can justifiably attract well-founded criticism, recent initiatives—such as an open letter published on December 5—are an effort to “undermine the judiciary” by misrepresenting standard courtroom inquiries as acts of bias.

“The Chief Justice is facing backlash for posing a fundamental legal question: who, in legal terms, has accorded the status being claimed in court? No adjudication regarding rights or entitlements can advance without addressing this initial point,” the statement continued.

The retired judges remarked that the current campaign “conveniently ignores” the CJI Kant-led Bench’s definitive statement that no individual on Indian soil—be they citizen or foreigner—can be subjected to torture, disappearance, or inhumane treatment.

“To obscure this fact and subsequently accuse the court of ‘dehumanization’ is a significant misrepresentation of what was actually articulated,” they noted.

The signatories pointed out that Rohingya migrants have not been granted entry into India under any legal refugee-protection framework; India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol; and the illicit acquisition of Aadhaar, ration cards, and other documentation by foreign nationals warrants prompt investigation.

They proposed that a Supreme Court-monitored Special Investigation Team (SIT) may be essential to probe how unlawfully entered migrants obtained Aadhaar, ration cards, and other welfare documentation, as well as to identify the networks facilitating such activities.

According to the statement, the intricate citizenship status of Rohingya individuals in Myanmar further highlighted the necessity for Indian courts to “operate on clear legal definitions, rather than slogans or political labels.”

“In this context, the judiciary’s involvement has remained firmly within constitutional limits,” it stated, adding that the CJI Kant-led Bench’s observations maintained a balance between protecting national security and upholding human dignity.

“Transforming such a constitutionally compliant stance into an accusation of inhumanity is unjust to the Chief Justice and detrimental to the institution,” warned the former judges, stressing that judicial independence would be compromised if every judicial inquiry regarding nationality, migration, documentation, or border security was met with claims of hate or bias.

The statement concluded with a declaration of “full confidence” in the Supreme Court and the Chief Justice of India, denouncing motivated attempts to personalize dissent through targeted attacks. It endorsed the consideration of an SIT to investigate the unlawful acquisition of Indian identity documents by foreign nationals who have entered the country illegally.

Point of View

This situation underscores a critical moment for the judiciary in India. The ongoing campaign against CJI Surya Kant raises important questions about the balance between public critique and judicial independence. It is essential for the media and public to engage in constructive discourse rather than resorting to targeted attacks, ensuring that the integrity of our legal system is preserved for all citizens.
NationPress
11 May 2026

Frequently Asked Questions

What prompted the retired judges to issue a statement?
They issued a statement in response to a campaign against CJI Surya Kant following his remarks on the legal status of Rohingya migrants.
What do the judges believe about the criticisms aimed at CJI Surya Kant?
The judges believe the criticisms are part of a motivated campaign that mischaracterizes routine judicial inquiries as acts of bias.
What legal context do the judges highlight regarding Rohingya migrants?
They emphasize that Rohingya migrants have not been admitted to India under any legal refugee framework and that India's legal obligations regarding refugees are limited.
What do they suggest regarding the investigation into illegal documents?
They suggest that a Supreme Court-monitored Special Investigation Team (SIT) may be necessary to examine how illegally entered migrants obtained Indian identity documents.
What is the judges' stance on judicial independence?
The judges caution that judicial independence is at risk if every question regarding nationality and migration is met with accusations of hate or prejudice.
Nation Press
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