Students sent to jail for just protesting, denied bail for feeding biryani in Ganga: Supreme Court Justice Ujjal Bhuiyan’s explosive comments.
Supreme Court Justice Ujjal Bhuiyan has criticized the violation of democratic rights of the country. The students have been arrested simply for protesting and the court has granted bail on conditions severely infringing their fundamental freedoms.
Supreme Court Justice Ujjwal Bhuiyan has expressed deep concern over the shrinking scope for dissent in India. Speaking at the fifth Justice GP Singh Memorial Lecture at the National Law Institute University, Bhopal, the judge said the students agitating for their rights were arrested and not granted bail for 30-40 days. Even while granting bail, courts have imposed harsh conditions that undermine citizens’ liberties and freedom of speech.
Justice Bhuiyan said, peaceful protest and dissent are the cornerstones of democracy and unfortunately even ordinary activities are now criminalized. He lamented that those who speak about real and important issues like environmental destruction are being beaten like criminals. He questioned how some people were arrested and sent to jail for three months and denied bail for eating chicken biryani after an Iftar party in the middle of the Ganges. “Citizens all over the country are witnessing this,” he wonders, wondering how people can be denied bail for an act that is not a crime.
Criticizing the stringent bail conditions imposed by the court, the judge said such conditions automatically prevent individuals from expressing dissent. He cited a case where a minister was accused of commenting on the behavior of an Indian Army officer as the daughter of a terrorist and was later granted bail on the condition that she surrender her passport and not post anything on Facebook. Referring to the Gulfisha case in the Delhi riots, he said the Supreme Court granted bail to young student activists who were in jail for a long time but ordered them not to participate in any public meeting or speak. He raised the question, does the court want to send a message to people not to participate in public activities by imposing such conditions?
Justice Bhuiyan also criticized the Bombay High Court’s role in not helping people who wanted to protest in support of Palestine against Israeli attacks on Gaza. A Bombay High Court judge rejected the Communist Party of India’s plea to protest in support of Palestine and advised the petitioners to focus on the country’s own problems and be patriotic. Justice Bhuiyan described the order as surprising as India has traditionally recognized Palestine and has a Palestinian embassy in the country. He also mentioned that the UN appointed former Orissa High Court Justice Muralidhar on the Gaza violence and his report was accepted by the UN. He argued that universities should be centers of critical thinking and research for students rather than places of punitive measures.
Emphasizing the importance of separation of powers, Justice Bhuiyan said it is wrong in principle for judges to join politics after retirement. He cites the example of the three-legged tool as the former Chief Justice of the Supreme Court violated the principle of separation of powers by going to the Rajya Sabha to bridge the gap between the judiciary and the executive. Also, the judge referred to the historic Kesavananda Bharti case, which ruled that the basic structure of the Constitution cannot be changed, a judgment that is equally relevant today. He criticized former Vice President of India Jagdeep Dhankhar and a former Chief Justice for questioning the legal validity of the verdict.
Justice Ujjal Bhuiyan’s clear and unbiased speech reveals an important aspect of the democratic environment and judicial process in the country at present. His comments on freedom of educational institutions and bail conditions by the judiciary have attracted special attention in the judiciary.