Srinagar, Jul 26: Supreme Court judge Justice Ujjal Bhuyan has expressed concern over what he described as the shrinking public space for dissent in India, saying courts must play a more effective role in safeguarding citizens’ constitutional freedoms and ensure that relief is granted without undue delay or restrictive conditions.
Addressing students at the Justice G.P. Singh 4th Memorial Lecture at the National Law Institute University (NLIU), Bhopal, Justice Bhuyan said the right to express views and hold peaceful demonstrations is a fundamental freedom in a democracy. He observed that citizens were increasingly facing criminal proceedings for exercising these rights.
“It will not be an exaggeration to say that public space for expressing divergent opinion is shrinking in India. Debate and dissent are the essence of democracy,” he said, adding that even ordinary activities were increasingly being criminalised.
Justice Bhuyan noted that while courts often grant bail or other relief, such relief frequently comes after considerable delay and is sometimes accompanied by stringent conditions that could discourage legitimate dissent. He questioned whether restrictive bail conditions, including directions restraining individuals from attending public meetings, posting on social media or leaving the country, indirectly deter citizens from exercising their constitutional rights.
Referring to the arrest of 14 Muslim men who had consumed chicken biryani while breaking their Ramzan fast on a boat in the Ganga, Justice Bhuyan said there was no law prohibiting such an act. He remarked that consuming chicken over the Ganga was not an offence and questioned why the accused had remained in jail for three months.
He also criticised judicial responses to peaceful protests, recalling a Bombay High Court order that declined permission for a CPI(M) rally against the alleged genocide in Gaza. Justice Bhuyan said he found it “very amusing” that a judge had questioned why citizens wished to protest over events taking place outside India, asserting that there was no legal prohibition on such demonstrations.
Emphasising the importance of accountability within the judiciary, Justice Bhuyan said courts and judges are not above criticism. He urged law students and the legal fraternity to critically examine judicial decisions rather than accept them unquestioningly, observing that criticism of a judgment should not be construed as criticism of the judge who authored it.
Citing recent Supreme Court rulings, including the Economically Weaker Sections reservation judgment, he encouraged students to engage in reasoned legal analysis and constructive debate.
Justice Bhuyan further stressed that the judiciary’s legitimacy ultimately depends on public confidence. He said judges should regularly introspect on how the institution is perceived by citizens, adding that robust public debate and informed criticism would strengthen democratic institutions and enhance the credibility of the judiciary.
