New Delhi: The Supreme Court has raised significant questions regarding the legal status of Rohingyas residing in various parts of India, asking whether they should be classified as intruders or refugees.
A bench comprising Justices Surya Kant, Dipankar Datta, and Kotiswar Singh posed multiple queries during the hearing of petitions related to Rohingya detention. The court questioned whether, if deemed intruders, the government would expel them from the country. It further sought clarity on their eligibility for refugee status, the rights and protections available to them, and whether indefinite detention or bail was legally permissible.
Petitioners’ counsel argued that the indefinite detention of Rohingyas was a pressing issue requiring judicial intervention. The court announced it would categorize the petitions into three parts and conduct hearings every Wednesday.
Earlier, in May 2025, the Supreme Court had observed that Rohingyas proven to be foreign nationals under Indian law could be repatriated, noting that UNHCR-issued ID cards may not provide protection.
According to central government data, Rohingyas are spread across 12 states, including Uttar Pradesh, Delhi, West Bengal, Telangana, and Tamil Nadu, with an estimated population of 40,000. Originating from Myanmar’s Rakhine State, Rohingyas are not recognized as citizens by Myanmar, which describes them as illegal immigrants from Bangladesh.