Justice Ujjal Bhuyan Addresses Concerns Over Free Speech
In a compelling address, Justice Ujjal Bhuyan of the Supreme Court of India expressed significant concerns regarding how the judiciary is handling dissent and free speech in the country. Speaking at the Justice GP Singh 4th Memorial Lecture at the National Law Institute University (NLIU) in Bhopal, Justice Bhuyan highlighted the growing trend of criminal actions against citizens exercising their democratic rights to protest.
Delayed Relief and Restrictive Bail Conditions
Justice Bhuyan pointed out that although courts frequently provide relief, it often arrives too late and is accompanied by stringent bail conditions. He emphasized that such conditions could discourage legitimate dissent, saying, “By such restrictive orders, are the courts indirectly telling the citizens or discouraging the citizens not to express their dissent?”
Case of Chicken Biryani on the Ganga
The Justice referenced a recent incident where fourteen Muslim men were arrested for consuming chicken biryani while breaking their Ramzan fast on a boat on the Ganga River. “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,” he remarked, noting that the men were unjustly detained for three months.
Judicial Criticism and Public Protests
Justice Bhuyan also discussed the July 2025 Bombay High Court decision dismissing a petition by the Communist Party of India (Marxist) that sought to protest at Azad Maidan about the alleged genocide in Gaza. The court’s response, which urged the petitioners to focus on domestic issues, was described by Justice Bhuyan as “very amusing,” questioning the rationale behind discouraging protest on international matters.
Call for Judicial Introspection and Public Perception
He urged the judiciary to open itself to external critique to maintain public trust and legitimacy. “For the judges and the judiciary to remain legitimate and relevant, public perception is most crucial,” Justice Bhuyan stated, advocating for introspection and constructive criticism within the legal fraternity.
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Encouraging Critical Analysis of Judgments
Justice Bhuyan encouraged students to critically analyze judgments, including recent Supreme Court decisions like the Economically Weaker Sections (EWS) reservation judgment, rather than accepting them unquestioningly. This, he argued, would foster a culture of improvement within the judicial system.
In conclusion, Justice Bhuyan stressed that robust public debate and criticism of the judiciary are vital for strengthening democratic institutions, urging the legal community to continuously evaluate and improve judicial practices.
