‘Motivated Campaign’: 44 Former Judges Defend CJI After Rohingya Comment Row

A group of 44 retired judges from the Supreme Court and various High Courts have issued a strong public statement defending Chief Justice of India (CJI) Surya Kant. They said that the criticism against him over his recent remarks on Rohingya migrants is part of a “motivated campaign” and not a fair or honest disagreement.

The statement comes just days after another group of former judges, senior lawyers, and activists wrote an open letter expressing concern over the CJI’s comments during a hearing related to missing Rohingya individuals. That group had claimed the remarks were harsh and dehumanising.

 What the 44 Former Judges Said

The 44 retired judges said the attacks on the CJI were an attempt to wrongly portray routine courtroom questions as prejudice. They explained that the CJI had simply asked a basic legal question: who had given the legal status that the petitioners were claiming? They said no court can decide rights without first knowing the legal position.

They also pointed out that critics ignored the Bench’s clear statement that every person on Indian soil- citizen or foreigner- must be treated with dignity and cannot be tortured or harmed.

The judges warned that turning normal judicial questions into allegations of bias could harm the independence of the judiciary. They also supported the idea of a court‑monitored SIT to investigate how some foreign nationals may have obtained Indian identity documents illegally.

 What the Controversy Is About

The controversy began during a Supreme Court hearing on a habeas corpus petition involving missing Rohingya migrants. 

“If they do not have legal status to stay in India, and you are an intruder, we have a very sensitive border on the North India side. If an intruder comes, do we give them a red carpet, welcome, saying we would like to give you all facilities?…. What is the problem in sending them back?” the CJI was heard asking. 

These remarks led to criticism from another group of former judges and lawyers. They argued that the comments compared vulnerable people to criminals and went against constitutional protections like Article 21, which guarantees the right to life to every person in India.

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