Supreme Court Justice Ujjal Bhuyan on Saturday took strong exception to the lackadaisical manner in which courts in India deal with petitions filed by citizens facing criminal action over dissent or protest..Speaking on the role of courts in protecting constitutional freedoms, Justice Bhuyan said citizens were increasingly facing criminal action for exercising their right to protest. While courts were granting relief in many cases, he said it often came belatedly, and restrictive bail conditions risked discouraging legitimate dissent."It will not be an exaggeration to say that public space for expressing divergent opinion is shrinking in India. The right to express one's views and to demonstrate peacefully are fundamental freedoms of the citizens. Debate and dissent are the essence of democracy. Unfortunately, even normal activities are being criminalised," said Justice Bhuyan..He was addressing students at the Justice GP Singh 4th Memorial Lecture which was held at the National Law Institute University (NLIU) in Bhopal..I am sure consuming chicken biryani is not an offence. It can't be an offence. There is no law prohibiting consumption of chicken over the Ganga river.Justice Ujjal Bhuyan.Justice Bhuyan said that while courts were granting relief, it often came too late and was accompanied by stringent conditions."These issues raise serious questions. Citizens are finding that though the courts are responsive and do grant bail, do grant relief, many a times it is belated. But it is the restrictive conditions which are imposed while granting bail that are causing the greatest concern. By such restrictive orders, are the courts indirectly telling the citizens or discouraging the citizens not to express their dissent?" he remarked.In this regard, he highlighted the recent arrest of fourteen Muslim men for consuming chicken biryani while breaking their Ramzan fast in a boat on river Ganga."Take for example the case of a group of youngsters breaking their fast over the river Ganga by consuming chicken biryani. I am sure consuming chicken biryani is not an offence. It can't be an offence. There is no law prohibiting consumption of chicken over the Ganga river. They were arrested for that very reason and they had to remain in jail for 3 months."He also referred to cases where individuals granted bail were directed not to attend public meetings, post on social media or leave the country.Such conditions undermine fundamental freedoms, he said..Justice Bhuyan recalled a Bombay High Court order of July 2025 dismissing a petition filed by the Communist Party of India (Marxist) seeking permission for a protest at Azad Maidan against the alleged genocide in Gaza.The High Court, while dismissing the plea, had remarked,“Our country has enough issues. We don't want anything like this. I an sorry to say, you are all short-sighted. You are looking at issues in Gaza and Palestine. Look at your own country. Be patriots. This is not patriotism. People say they are patriots.”Justice Bhuyan said, he found it "very amusing" that a judge had questioned why people wished to protest over events outside India..Public space for dissent shrinking in India, students being arrested for protests: Justice Ujjal Bhuyan.He said that judiciary is not above criticism and that judgments should be critically examine by legal fraternity."Judgments, after being delivered, are required to be critically examined and criticised if necessary. Criticism of a judgment does not amount to criticism of a judge."Referring to recent Supreme Court decisions, including the Economically Weaker Sections (EWS) reservation judgment, Justice Bhuyan said students should critically analyse judgments rather than accept them unquestioningly."If everybody goes and tells the judges, 'Sir, wonderful thing. Sir, what you say is excellent. Sir, you are a jurist,' then how will the system improve?" he asked..Citizens are finding that though the courts are responsive and do grant bail, do grant relief, many a times it is belated.Justice Ujjal Bhuyan.Pertinently, he urged judges to introspect if they wished to retain public trust."For the judges and the judiciary to remain legitimate and to remain relevant, public perception is most crucial. It amazes me when we go on ourselves patting our own backs by saying how powerful the Indian Supreme Court is, how great Indian Supreme Court is. It is not for us to make that comment. It is for the citizens to assess. Perception of the citizens as to where the judiciary stands today, more particularly the Supreme Court, 75 years after we have become a Republic, is what matters," he noted.He said introspection was essential for institutional improvement and that robust public debate, including criticism of the judiciary, would only strengthen democratic institutions.
