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New Delhi: The Supreme Court on Tuesday, while reacting to a habeas corpus plea filed in relation to Rohingyas asked if the government of India has issued an order declaring Rohingyas as 'refugees'. The top court took a sharp view while hearing a habeas corpus plea which alleged the custodial disappearance of Rohingya refugees. The bench, comprising CJI Surya Kant and Justice Joymala Bagchi, also questioned if any extraordinary protection was expected by the judiciary for people who had entered the country without legal permission.

The CJI also noted that Rohingyas were entering India through underground routes and later seeking rights such as food and shelter. The CJI asked, "“Do you want us to roll out a red carpet for them?” and further said in the hearing, “They enter through tunnels and demand rights like food and shelter,” as reported by Live Law.

As per the submission made by counsel for the petitioner, certain Rohingyas were picked up by the Delhi police in May and there were no information about their whereabouts.

CJI Kant asked, "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 stressed that no refugee status was being sought for the Rohingyas. However, the deportation must be carried out as per established procedure, she asserted.

The Bench replied, "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?"

When CJI Kant asked the problem behind sending them back, the counsel stated that they must be sent back, but as per the law. CJI also made a statement regarding the illegal entry and said, "First you enter, you cross the border illegally. You dug a tunnel or cross the fence and enter India illegally. Then you say, now that I have entered, your laws must apply to me and say, I am entitled to food, I am entitled to shelter, my children are entitled to education. Do we want to stretch the law like this?"

The petitioner's counsel spoke on "stretching the law' stating she was only seeking the application of the lawful procedure on deportation as it existed now. CJI observed India is a country with a lot of poor people and our focus should be on them.