The Supreme Court on Tuesday raised sharp questions about extending legal protections and public benefits to illegal immigrants while hearing a plea over the alleged disappearance of five Rohingya migrants previously held by authorities.
A bench headed by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi, underlined India&rsquo;s sensitive border situation and asked whether the law should be stretched to such an extent that it places additional pressure on national resources.
The Chief Justice openly questioned whether people who enter the country illegally should automatically gain access to facilities such as food, shelter and education, especially when many Indian citizens continue to struggle for the same support. He remarked that the court must also consider the rights of poor children within the country before expanding legal cover for foreign nationals who crossed borders unlawfully.
The court expressed concern over attempts to use legal remedies like habeas corpus for individuals detained under immigration laws, suggesting such arguments went beyond reasonable legal limits in cases involving illegal entry.
In response, the petitioner&rsquo;s lawyer clarified that the case was not about stopping the deportation of the Rohingya migrants but about questioning how they allegedly disappeared while in custody. However, the bench asked whether there was any proof that the individuals involved qualified as refugees rather than illegal entrants.
The Chief Justice further observed that while India cannot allow unlawful entry, it also has a responsibility to ensure that people are not illegally trafficked or removed without due process. This prompted a brief exchange on the balance between border security and humanitarian considerations.
Solicitor General Tushar Mehta opposed the petition, arguing that the person who filed it had no direct link to the Rohingya migrants and therefore lacked the standing to seek relief on their behalf.
After hearing the arguments, the Supreme Court decided to continue examining the matter and scheduled the next hearing for December 16.

SC questions rights for illegal Rohingya migrants

SC asks how far law can go in aiding migrants who entered India illegally

SC questions rights for illegal Rohingya migrants

SC asks how far law can go in aiding migrants who entered India illegally

December 2, 2025 | 16:02 IST