The Supreme Court on Tuesday took a sharp stance while hearing a habeas corpus plea alleging the custodial disappearance of Rohingya individuals and seeking that any deportation follow due process, asking whether “intruders” should be given a “red carpet welcome,” as reported by LiveLaw.Chief Justice of India Surya Kant, sitting with Justice Joymalya Bagchi, questioned the basis of the plea, asking, “Where is the order of the Government of India declaring them (Rohingyas) as refugees? Refugee is a well defined legal term… 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 that fellow here?”The petitioner’s counsel clarified that no refugee status was being sought — only that deportation must follow law.LiveLaw quoted the bench saying: “If they don’t have legal status to stay in India… 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?”CJI Kant further remarked on illegal entry, saying: “First you enter, you cross the border illegally… Then you say, now that I have entered, your laws must apply to me… Do we want to stretch the law like this?”
