🏠 News Empire
politics

Supreme Court to Examine Core Issue: Rohingya Refugees or Illegal Immigrants?

Published on: 31 Aug 2026, 01:48 PM
Supreme Court to Examine Core Issue: Rohingya Refugees or Illegal Immigrants?

The Supreme Court on Monday agreed to delve into the core question of whether Rohingya people living in India should be legally classified as refugees or as illegal immigrants. A three-judge Bench, led by Chief Justice of India Surya Kant, acknowledged that an authoritative ruling on this issue is necessary to determine their legal status and rights.

Senior advocate Ashwini Kumar, appearing for the petitioners, submitted that the court must decide whether the Rohingya constitute a distinct class under domestic and international law, given their documented persecution in Myanmar. Responding to this, Chief Justice Kant observed, “Prima facie, it appears that as a refugee, someone would have a legal status.”

However, Solicitor General Tushar Mehta, representing the Centre, argued that India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol. He insisted that the legal questions in the case have already been framed and that the hearing must be confined to them. These questions include whether the Rohingya are not refugees but illegal entrants, whether the Union or State governments are justified in deporting them, and whether they can be detained indefinitely even if they are found to be illegal entrants.

The case stems from a series of petitions filed by Rohingya individuals living in camps in Delhi, represented by advocate Prashant Bhushan and senior advocate Colin Gonsalves. Bhushan pointed out that the petitions date back to 2013 and highlighted the prolonged detention of people declared foreigners in States like Assam, including Rohingya individuals.

In an earlier hearing in May, the Supreme Court observed that if Rohingya persons are found to be “foreigners” under the Foreigners Act, they would be dealt with by the Centre in accordance with law. The petitioners have challenged the Centre's power to deport them, arguing that the Rohingya are recognised as refugees by the United Nations High Commissioner for Refugees (UNHCR) and are therefore protected against forced return to Myanmar.

The petitioners have invoked the principle of non-refoulement, which prohibits returning people to a country where they face serious threats to life or freedom. They argue that the Rohingya would face torture and death if deported to Myanmar, a country that has declared them stateless.

The Supreme Court's decision to examine this core issue is significant, as it will determine the legal framework governing the treatment of Rohingya people in India. The case also raises broader questions about the rights of asylum seekers in a country that has not ratified the international refugee convention, and about the balance between national sovereignty and humanitarian obligations.

The bench has not yet scheduled the next hearing, but the court's willingness to address the foundational question of refugee status marks a crucial step in a legal battle that has been ongoing for over a decade.

Latest in Politics 10
Andhra Pradesh announces local body poll schedule; voting from October 28
politics

Andhra Pradesh announces local body poll schedule; voting from October 28

Andhra Pradesh State Election Commissioner Anil Chandra Punetha has announced the schedule for urban local body, MPTC, ZPTC and Gram Panchayat elections, with the Model Code of Conduct now in force across the State. Urban local bodies will vote on October 28, while MPTC and ZPTC polls are set for November 3 and panchayat elections will be held in three phases from November 26 to December 2.

The Hindu 15 Oct 2026, 05:35 AM
Read More →
Uniform Friday Sermons in J&K: Why the Waqf Board's Plan Has Sparked a Wider Debate
politics

Uniform Friday Sermons in J&K: Why the Waqf Board's Plan Has Sparked a Wider Debate

The Jammu and Kashmir Waqf Board has set up a committee of Islamic scholars to decide a common topic for Friday sermons in the mosques and shrines affiliated with it. The Board says uniform sermons will help address social issues such as drug abuse and delayed marriages, while critics question the move in a region where sermons have long had an independent political voice.

The Hindu 15 Oct 2026, 05:50 AM
Read More →
Questions Mount Over New White House Press Secretary's Legal Credentials
politics

Questions Mount Over New White House Press Secretary's Legal Credentials

Katie Zacharia, the new White House press secretary, is facing questions about her legal credentials after a report said she did not appear to be licensed in any US state. Her law degree from Pepperdine is confirmed by the university, but neither she nor the White House has produced evidence that she passed a bar examination. The White House says she is "uniquely qualified" for the role.

NDTV 15 Oct 2026, 03:16 AM
Read More →
Supreme Court to hear Rahul Gandhi, INDIA bloc plea on SIR voter deletions today
politics

Supreme Court to hear Rahul Gandhi, INDIA bloc plea on SIR voter deletions today

The Supreme Court is set to hear a joint petition by Rahul Gandhi and other Opposition leaders seeking disclosure of Election Commission records on the Special Intensive Revision, which the petitioners say has deleted about 13 crore voters. Separately, the Indian Youth Congress has moved the Delhi High Court over Jantar Mantar's withdrawn protest-site status, and a fresh gathering has been announced for October 16 in Delhi.

The Hindu 15 Oct 2026, 03:53 AM
Read More →
Rahul Gandhi on CJP Jail Term: 'Jantar Mantar Belongs to the People of India'
politics

Rahul Gandhi on CJP Jail Term: 'Jantar Mantar Belongs to the People of India'

Leader of the Opposition Rahul Gandhi has criticised the jail term given to CJP leaders, saying Jantar Mantar belongs to the people of India and that they would reclaim it. The remark has renewed a long-running argument over how far the law may regulate public protest in the capital. Jantar Mantar has served for decades as Delhi's designated site for demonstrations.

Times of India 14 Oct 2026, 05:24 AM
Read More →
Rahul Gandhi-Led Plea on Voter Roll Revision to Be Heard Once Defects Cured: Supreme Court
politics

Rahul Gandhi-Led Plea on Voter Roll Revision to Be Heard Once Defects Cured: Supreme Court

The Supreme Court on Tuesday said a petition by Rahul Gandhi and ten opposition leaders on the Special Intensive Revision of electoral rolls will be listed once defects flagged by the registry are cured. The registry had pointed out 14 defects, including a missing clear copy of co-petitioner Mallikarjun Kharge's identity card. The plea alleges large-scale voter deletions and seeks an independent audit of the exercise.

The Hindu 13 Oct 2026, 01:48 PM
Read More →
Supreme Court Flags 14 Defects In Rahul Gandhi-Led Petition Against Poll Body
politics

Supreme Court Flags 14 Defects In Rahul Gandhi-Led Petition Against Poll Body

The Supreme Court registry has flagged 14 defects, including a Rs 220 shortfall in court fees and missing authorisations, in a joint petition filed by Rahul Gandhi and other opposition leaders against alleged electoral irregularities and the SIR of electoral rolls. The petitioners must address the objections before the plea can be listed for hearing. The petition names the Election Commission and its commissioners as respondents.

NDTV 13 Oct 2026, 03:04 AM
Read More →
BJP Says 25 Congress MLAs Ready to Switch; Shivakumar: 'Induct Them Now'
politics

BJP Says 25 Congress MLAs Ready to Switch; Shivakumar: 'Induct Them Now'

Karnataka BJP president B Y Vijayendra claimed on Monday that 25 Congress legislators, including state ministers, would join the BJP if elections were held now, without offering names or evidence. Deputy Chief Minister D K Shivakumar dismissed the claim and asked the BJP to induct them immediately. The exchange comes amid allegations of sting operations and a dispute over cross-voting in the Rajya Sabha elections.

NDTV 13 Oct 2026, 03:14 AM
Read More →
→ View All Politics News