Retired judges and senior legal professionals write to CJI over remarks on Rohingya refugees

Retired Excessive Court docket judges, senior advocates and authorized students have penned an open letter to Chief Justice of India Surya Kant voicing exception to “unconscionable remarks” constructed from his Bench about Rohingyas whereas listening to a petition elevating concern concerning the custodial disappearance of a gaggle of them in India. Throughout a December 2 listening to of the petition filed by activist Rita Manchanda, Chief Justice Kant was reported within the media as orally questioning the refugee standing of Rohingyas and whether or not intruders should be welcomed with a pink carpet. “When those that flee violence and persecution are dismissed with rhetoric that’s hostile to their very dignity, it threatens the foundational values of our Structure and undermines public religion within the courts as a refuge for the susceptible… We due to this fact name upon you to reaffirm, in public statements, remarks in court docket and judicial verdicts, a dedication to constitutional morality primarily based on human dignity and justice for all, no matter origin. The majesty of the Supreme Court docket and your workplace is measured not merely by the variety of verdicts or administrative measures however extra by the humanity with which these verdicts are delivered and thought of,” the open letter addressed to Chief Justice Kant mentioned. The letter recalled India’s observe document of internet hosting refugees of various profiles and increasing humanitarian safety whereas balancing nationwide safety pursuits and the considerations of its residents. “The federal government has issued particular documentation to Tibetans and Sri Lankans, recognizing their standing as refugees, and permitting them to entry primary socio-economic rights… The Citizenship Modification Act, actually grants exemption from the provisions of the Foreigners Act to spiritual minorities (aside from Muslims), fleeing persecution, from Bangladesh, Pakistan or Afghanistan,” it learn. The letter was signed by former Delhi Excessive Court docket Chief Justice AP Shah, Justices Ok. Chandru and Anjana Prakash, together with former Director of the Nationwide Judicial Academy Prof. Mohan Gopal, senior advocates Rajeev Dhavan, Chander Uday Singh, Colin Gonzalves, Mihir Desai, Gopal Sankaranarayanan, advocates Kamini Jaiswal, Prashant Bhushan, Cheryl D’souza, Alok Prasanna Kumar, RTI activists Nikhil Dey and Anjali Bhardwaj, amongst others. The letter underlined the position of the Supreme Court docket because the custodian and closing arbiter of the rights of the poor, the dispossessed and the marginalised. “Your phrases carry weight not merely within the courtroom however within the conscience of the nation and have a cascading impact on the Excessive Courts, the decrease judiciary and different authorities authorities. A comment that equates susceptible individuals (who within the case of the Rohingya embrace hundreds of girls and kids) searching for shelter with ‘intruders’ who ‘dig tunnels’, additional dehumanises these fleeing genocidal persecution and weakens the ethical authority of the judiciary,” the letter. emphasised. It mentioned invoking the plight of the poor in India to justify denying protections to refugees units a harmful precedent and was opposite to the rules of constitutional justice. The Rohingya, as certainly any particular person residing in India, had been entitled to the protections of Article 21 and never simply protections from “third diploma measures”. This basic proper was out there to a person who was a citizen or some other particular person residing in India, the letter mentioned.