CJI Surya Kant's tough message amid criticism over Rohingya remark: 'Wrong to think anyone can browbeat me'

Chief Justice of India Surya Kant. (File photo: PTI)

Chief Justice of India Surya Kant on Thursday said that he was a very tough person and that it would be wrong for anyone to assume that he could be browbeaten by commentary about court proceedings. Taking a dim view of the growing trend of people commenting on matters pending before the court and misinterpreting the questions posed by judges during hearings, the CJI termed it as a "concerted attempt" by "hyper-sensitive people" to dissuade judges from asking tough questions to get the best out of lawyers.

Underlining that judicial queries are meant to test the strength of arguments from both sides and do not represent the court's final view, CJI Kant noted that people were quick to jump to conclusions and weave narratives about the proceedings merely based on some queries raised during the hearing.

"People are so hyper-sensitive that they criticise courts for making an observation or asking a question to the lawyer. I am not afraid of it. But I will not take it lightly. I am a tough person to get affected. f anybody thinks they can browbeat...they are wrong. I am a very tough person, I will take a serious view of such activities," the CJI noted.

The CJI's remarks, made while hearing a petition by Karnataka MP Prajwal Revanna, were in an apparent reference to an open letter penned by a group of retired judges, advocates and activists taking objection to the comments made by the CJI during a hearing related to the Rohingya issue. A top court bench, comprising the CJI and Justice Joymalya Bagchi, had questioned if the government had issued an order declaring Rohingyas as refugees and if India should give a "red carpet welcome" to illegal migrants. The court was hearing a petition questioning the deportation of illegal Rohingya Muslim migrants and claimed that they were refugees who could not be deported without following due procedure.

"They have no legal status. India has no obligation to keep those who enter the country illegally. If a person has no legal status, then he is an intruder in the country. Once these illegal migrants are in India, they claim the right to food and shelter and help for their children. There are many poor people in the country. They have a right over the nation's resources, not illegal migrants," the CJI had remarked during the hearing.

Taking exception to the CJI's remarks, the signatories of the open letter underlined that Rohingyas were vulnerable people who escaped persecution in their home country and that the comments of the CJI were "contrary to core constitutional values".

The CJI's remarks on Thursday came when Revanna's lawyers argued that certain comments by the trial judge created an apprehension of bias against him. Rejecting the argument, the CJI reiterated that mere observations from the bench cannot indicate a pre-determined mind and rejected the petition seeking the transfer of rape trials against him.

Earlier this week, a group of 44 retired judges published another statement, supporting the CJI, and terming the open letter a "motivated campaign" to malign the court.