Justice Surya Kant.
Credit: PTI
New Delhi: A group of former judges on Wednesday hit out at a "motivated campaign" targeting Chief Justice of India Surya Kant for his recent comments on Rohingya refugees during a hearing.
As many as 44 retired judges of the Supreme Court and high courts said attempts were being made to malign the judiciary or attribute political motives to the CJI, undermining public trust in constitutional institutions and the independence of the court.
"Judicial proceedings should only be subject to fair and reasoned criticism," the former judges said in a statement titled 'Disparagement of the Supreme Court is Unacceptable'.
"What we are witnessing, however, is not principled disagreement but an attempt to de-legitimise the judiciary by mis-characterising a routine courtroom proceeding as an act of prejudice,” the statement said.
The former judges said the chief justice was being attacked for asking the most basic legal question: who, in law, has granted the status that is being claimed before the court?
"No adjudication on rights or entitlements can proceed unless this threshold is first addressed," the statement said.
The former judges said critics also omitted a key portion of the Bench's observations, which clarified that no human being on Indian soil, whether citizen or foreign national, can be subjected to torture, disappearance or inhuman treatment.
"We therefore affirm our full confidence in the Supreme Court and in the CJI, condemn motivated attempts to distort the court's remarks and personalise disagreement into attacks on individual judges; we support consideration of a court-monitored SIT into the illegal procurement of Indian identity and welfare documents by foreign nationals who have entered Bharat in violation of law," the statement said.
On December 2, a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi made sharp observations while hearing a habeas corpus petition filed by rights activist Rita Manchanda, alleging disappearance of a few Rohingyas from the custody of authorities.
"If they do not have legal status to stay in India, and you are an intruder, 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," the CJI asked, adding, "What is the problem in sending them back?"