The Supreme Court on Monday delivered a sharp rebuke to a petition seeking the tracking of five missing Rohingya, with Chief Justice of India Surya Kant questioning whether the country is expected to “roll out a red carpet” for individuals who have entered illegally. He also raised whether the State has any obligation to retain a person who has crossed the border unlawfully.

The plea had highlighted the disappearance of five Rohingya from custody and argued that any deportation must follow due legal process.

Taking a firm view, the Chief Justice said, “First, you enter, you cross the border illegally. You dig a tunnel or cross the fence… Then you say, Now that I have entered, your laws must apply to me. You say, I am entitled to food, I am entitled to shelter, my children are entitled to education. Do we want to stretch the law like this?”

He added, “We too have poor people in the country. They are citizens. Are they not entitled to certain benefits and amenities? Why not concentrate on them?” He further described the use of habeas corpus in such circumstances as “very fanciful”, noting that the remedy applies to ensuring the legality of a person’s detention, not to broader immigration concerns.