Today, On 16th December, Supreme Court granted the Centre two weeks to file its affidavit on a habeas corpus plea alleging custodial disappearance of Rohingya individuals, while a Bench led by CJI Surya Kant examined activist Rita Manchanda’s petition raising rights concerns.
New Delhi: The Supreme Court granted the Union government a two-week timeframe to submit its affidavit in response to a habeas corpus petition concerning the custodial disappearance of Rohingya individuals.
The panel, comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, was reviewing a petition by activist Rita Manchanda, which highlights the alleged disappearance of Rohingya persons in custody.
Solicitor General Tushar Mehta represented the Centre during the hearing. The petitioner’s counsel requested that this case be linked with other similar cases awaiting adjudication.
However, the Solicitor General objected, arguing that such tagging was unnecessary but proposed that this matter could be heard on January 13, 2026, coinciding with the hearing of related cases.
The Bench accepted this suggestion and granted the Centre two weeks to file its response, directing that the matter be scheduled for January 13, 2026.
In the previous hearing on December 2, the Supreme Court had inquired whether the Government of India had recognized the Rohingyas as “refugees.”
This question arose in light of a petition about the disappearance of several Rohingyas who had been detained by the Delhi police in May, with no updates on their status.
Chief Justice Surya Kant questioned,
“Where is the order of the Government of India declaring them as refugees? Refugee is a well-defined legal term and there is a prescribed authority by the Government to declare them. If there is no legal status of a refugee, and somebody is an intruder, and he enters illegally, do we have an obligation to keep them here?”
The Bench indicated that this issue would be examined alongside similar petitions pending before the Court.
CJI further remarked,
“We have a very sensitive border in 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?”
In response, over thirty former judges, Senior Advocates, and members of the Campaign for Judicial Accountability and Reforms (CJAR) penned an open letter to CJI Surya Kant on December 5, 2025, expressing their deep concern about the comments made by the Supreme Court Bench during the December 2 hearing regarding the alleged custodial disappearance of Rohingya refugees.
Also Read: Supreme Court Seeks Rohingya Refugee Residence Details in Delhi
The letter urged the Chief Justice to reaffirm the judiciary’s commitment to constitutional morality and the dignity of all individuals within India’s borders, warning that hostile rhetoric toward vulnerable groups undermines both constitutional protections and public confidence in the judiciary.
Following this, 44 signatories, including two retired Supreme Court judges, six High Court Chief Justices, and 36 High Court Judges, voiced strong objections to the targeted campaign against the Chief Justice in light of his remarks regarding Rohingya migrants, including the open letter dated December 5, 2025.
The retired judges argued that the CJI’s constitutionally compliant viewpoint has been distorted into a charge of inhumanity, which they deemed unfair to him and damaging to the institution.
They cautioned that if every pressing judicial inquiry into nationality, migration, documentation, or border security is met with allegations of hate or bias, judicial independence itself could be compromised.
Case Title: Rita Manchanda v. Union of India