Former Judges, advocates and the Campaign for Judicial Accountability and Reforms (CJAR), headed by noted lawyer Prashant Bhushan, have written an open letter to Chief Justice of India Surya Kant expressing their concern over the “unconscionable remarks” made regarding Rohingya refugees by the CJI’s bench in a recent hearing.
The letter states that the CJI is not just a legal functionary but also the custodian and final arbiter of the rights of the poor, whose words carry weight in the conscience of the country and have a cascading effect. “As the head of the judiciary, the Chief Justice is not just a legal functionary — but is also the custodian and final arbiter of the rights of the poor, the dispossessed, and the marginalised. Your words carry weight not simply in the courtroom but in the conscience of the nation and have a cascading effect on the High Courts, the lower judiciary and other Government authorities.”
“The remarks from the bench are contrary to core constitutional values. They have had the effect of dehumanising Rohingya refugees whose equal humanity and equal human rights are protected by the Constitution, our laws and by international law,” said the open letter to CJI.
Former Judges and advocates said that the remarks made on December 2 dehumanise those fleeing genocidal persecution and weaken the moral authority of the judiciary. “The Rohingya, as indeed any person residing in India, is entitled to the protections of Article 21 and not just protections from “third degree measures”.
This fundamental right is available to an individual who is a citizen or any other person residing in India. In NHRC v State of Arunachal Pradesh, 1996 SCC (1) 742, this Hon’ble Court has held that, “the State is bound to protect the life and liberty of every human being, be he a citizen or otherwise” the letter states. The letter goes a step further to say that the remarks provide a reasonable basis for apprehension of prejudice on the part of the CJI bench.
“The majesty of the Supreme Court and your office is measured not merely by the number of verdicts or administrative measures but more by the humanity with which those verdicts are delivered and considered”, said the open letter to CJI.
The signatories are: Justice AP Shah, former Chief Justice, Delhi High Court Justice K. Chandru, Former Judge, Madras High Court Justice Anjana Prakash, Former judge, Patna High Court Prof. Mohan Gopal, Former Director, National Judicial Academy Senior Advocates Rajeev Dhavan, Chander Uday Singh, Colin Gonzalves, Kamini Jaiswal, Mihir Desai, Gopal Shankar Narayan, Gautam Bhatia, Shahrukh Alam and CJAR headed by Prashant Bhushan.
