The Supreme Court has raised pointed questions about the legal entitlements of Rohingya individuals allegedly detained and now missing from custody. Chief Justice of India Surya Kant asked whether people who enter India unlawfully can claim procedural rights equal to those of citizens, remarking, “Do we give intruders a red carpet welcome?”
A Bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing a habeas corpus petition filed by activist Rita Manchanda, alleging the disappearance of five Rohingya persons reportedly picked up by Delhi Police in May 2025. The petition seeks their production and a direction that any deportation must comply with due process. The case is titled Rita Manchanda vs Union of India.
At the beginning of the hearing, the Bench asked whether any authority in India had formally declared Rohingyas as refugees, noting that the term has a specific legal meaning. The Court questioned whether the State can be obliged to provide rights and facilities to individuals who enter illegally, particularly when public resources are limited and national security concerns exist. “We have poor citizens in this country. Shouldn’t we focus on them first?” the CJI said.
The Court stressed, however, that illegal migrants cannot be subjected to torture, disappearance, or extra-legal actions, and that any deportation must follow due process. The Bench clarified that constitutional rights exclusive to citizens, including the right to reside and settle anywhere in India under Article 19, do not extend to foreigners, whose rights are governed by the Foreigners Act. It also noted that a non-citizen cannot claim a right against deportation.
Counsel for the petitioner argued that the matter concerns suspected custodial disappearance, not refugee policy. Solicitor General Tushar Mehta opposed the plea, stating that it attempts to obtain confidential operational information, including details of international communications.
The Court listed the matter for further hearing on December 16.
