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The Supreme Court connected Tuesday (December 2, 2025) questioned whether individuals who participate India “illegally” tin importune that procedural safeguards beryllium applied earlier their deportation, arsenic it heard a habeas corpus petition alleging the disappearance of several Rohingya persons who were earlier successful the custody of the Delhi Police.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi was proceeding the petition filed by rights activistic Rita Manchanda, who alleged that the Rohingya had been picked up by the Delhi Police successful May and that their contiguous whereabouts stay unknown. She contended that they could not person been deported without pursuing the process prescribed nether the law.
“First, you transverse the fenced borderline illegally, and you participate India. Then you state that ‘now that I person entered, your laws indispensable use to me, that I should beryllium issued a show-cause notice, I americium entitled to beryllium provided food, I americium entitled to beryllium provided shelter, my children are entitled to this and that’. Do we privation to agelong the instrumentality similar this?”, the Chief Justice orally remarked, portion addressing the submission that immoderate deportation indispensable conform to owed process.
The petitioner’s counsel clarified that she was not opposing deportation per se, but insisted that immoderate specified workout indispensable beryllium undertaken strictly successful accordance with the law. She argued that the individuals were admittedly successful constabulary custody and that their unexplained disappearance amounted to “custodial disappearance”.
The Bench past asked whether the Union authorities had granted the individuals exile status. “Where is the bid by the Government of India declaring them refugees? Refugee is simply a well-defined ineligible term, and determination is simply a prescribed authorization to state them,” the Chief Justice observed.
The counsel responded that she was not seeking exile presumption for the missing individuals. Instead, she pointed to an existing authorities memorandum governing deportation process and argued that immoderate departure from this model would beryllium unlawful. “What we cannot bash is postulation them out; that is harmful to nationalist security,” she submitted.
Security considerations
The Chief Justice, however, pointed to the information considerations inherent to India’s borders. “If you don’t person the ineligible presumption to enactment arsenic a exile successful India, and you are an intruder, you cognize precise good that we person a very, precise delicate borderline connected the northbound India side… If an intruder comes, bash we springiness them a reddish carpet welcome, saying we would similar to supply them with each facilities?”
The tribunal besides expressed astonishment that individuals who had allegedly entered the state successful usurpation of its laws were present invoking those precise laws for protection. “We besides person mediocre radical successful this country. They are citizens. Are they not entitled to definite privileges, benefits and amenities? Why not archetypal ore connected them? It is existent that adjacent if idiosyncratic has entered illegally, we cannot taxable them to third-degree attraction unless they are progressive successful a crime,” the Chief Justice remarked.
When the petitioner’s counsel said this was precisely the extortion she sought, the Chief Justice disagreed. “That’s not what you are asking for. You are asking for a writ of habeas to bring them back,” helium said.
He added that the alleviation sought would springiness emergence to superior logistical concerns. If granted successful 1 case, helium cautioned, “another acceptable of radical from immoderate different state volition besides request a akin approach.”
Prayers successful plea ‘worrying’
Opposing the petition, Solicitor-General Tushar Mehta, appearing for the Union government, remarked that definite prayers successful the petition were “worrying” arsenic they allegedly sought that the deported individuals beryllium repatriated. He further pointed retired that the petition had not been filed by the aggrieved individuals oregon their families.
Questioning the bona fides of the petitioner, helium said, “A petitioner who has thing to bash with the contented of Rohingya is seeking each these details from the government.”
The petitioner’s counsel, however, clarified that repatriation was not being sought and described Mr. Mehta’s submission arsenic “misleading”. She maintained that the petition sought lone adherence to owed process. “My Lords, fto astatine slightest announcement beryllium issued successful this. We necessitate their documents. We are not asking for their repatriation, which was a precise misleading connection to make,” she said.
Mr. Mehta, however, urged the Bench not to contented notice. “My Lords, delight don’t contented announcement different we person to respond astatine the behest of a stranger,” helium said.
The Bench yet adjourned the substance to December 16, erstwhile it is slated to instrumentality up a batch of petitions relating to Rohingya migrants detained successful camps oregon claiming exile status. The Union authorities has consistently opposed the maintainability of these petitions, relying connected the Supreme Court’s April 2021 order, which permitted the Centre to initiate deportation proceedings successful accordance with law. The ruling had stipulated that portion non-citizens are entitled to the close to beingness and idiosyncratic liberty, the close not to beryllium deported stems from the law close to reside oregon settee successful India, which is conferred lone connected citizens nether Article 19(1)(e).
In May, the tribunal had expressed reservations astir different petition alleging that 43 Rohingya refugees, including minors, aged persons and individuals with superior aesculapian conditions, had been abandoned successful planetary waters during a forcible deportation to Myanmar. Justice Kant questioned wherefore akin allegations were recurring and directed the petitioners to substantiate what helium described arsenic “fanciful” claims.
“Every time you travel with 1 caller story. Very beautifully crafted story. Please amusement america the worldly connected record. When the state is going done specified a hard time, you bring specified fanciful petitions,” the Bench observed, casting uncertainty connected the credibility of the assertions.
Over 7,00,000 Rohingya Muslims were forced to fly Myanmar, mostly to Bangladesh, successful 2017 to flight a subject campaign, which the United Nations has characterised arsenic a genocide.
