‘Eating Chicken Biryani on Ganga No Crime’: Justice Ujjal Bhuyan Says Space for Dissent Is Shrinking in India

Supreme Court Justice Ujjal Bhuyan said public spaces for expressing divergent views are shrinking in India, pointing to students being arrested for campus protests and cases where bail is delayed or granted only under restrictive conditions. He was speaking at the 4th Justice G.P. Singh Memorial Lecture, organised by the National Law Institute University (NLIU) in Bhopal.

"It will not be an exaggeration to say that public space for expressing divergent opinion is shrinking in India," Justice Bhuyan said, according to Bar and Bench.

Students Arrested Over Chicken Biryani on the Ganga

To illustrate his point, Justice Bhuyan cited the case of a group of young people who were denied bail after organising an Iftar gathering on a boat in the middle of the Ganga.

"I am sure consuming chicken biryani is not 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 three months," he said, according to LiveLaw. "Can people be arrested and denied bail for 3 months for such an activity, I ask myself! Citizens are watching, people are watching." Varanasi Boat Party Viral Video: 5 Arrested After Cooking Chicken and Drinking Beer on Boat in Ganga River in UP.

He said the case raised a basic question about whether courts should be denying bail for conduct that is not even a criminal offence.

Bail Conditions 'Discouraging' Dissent, Judge Says

Justice Bhuyan said that while courts do eventually grant relief in many such cases, it often comes late and is accompanied by conditions that restrict a person's freedom to express dissent.

"Citizens are finding that though the courts are responsive and do grant bail, do grant relief, many a times it is belated," he said, according to Bar and Bench. "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?" Boat Iftar Turns Controversial in Varanasi, 14 Arrested for Throwing Non-Veg Food Into Ganga (Watch Video).

He noted that individuals who are granted bail are sometimes directed not to attend public meetings, post on social media, or leave the country, conditions he said undermine fundamental freedoms.

Justice Bhuyan also referred to an instance in which a person was booked after posting on Facebook about a minister who had called a serving Indian Army officer "a daughter of a terrorist," forcing the individual to seek anticipatory bail.

Students on Campuses Facing Long Detentions

Justice Bhuyan said students protesting on campuses are often arrested and denied bail for 30 to 40 days, and are subsequently suspended from their institutions before having to approach courts for relief, a process that takes further time.

"Right to express one's views and right to demonstrate peacefully are fundamental freedoms of citizens. Debate and dissent are the essence of democracy," he said, according to LiveLaw. "Unfortunately, even formal activities are criminalised. People who come to voice their anguish for environmental degradation, which is a reality, are chased away as if they are criminals."

He also cited a Bombay High Court matter involving a proposed demonstration in solidarity with Gaza, saying he found it "very amusing" that a judge in that case had questioned why people wished to protest over events outside India.

Judge Calls for Universities to Encourage Debate

Justice Bhuyan urged universities in India to function as spaces that allow students to engage in critical thinking and research, rather than face punitive action for raising uncomfortable questions.

He also spoke about the importance of the separation of powers between the judiciary, legislature, and executive, comparing governance to a three-legged stool. He said that if two of the three branches align too closely, the balance of the system is at risk of collapsing.

Background

Justice Bhuyan is a sitting judge of the Supreme Court of India, having assumed office on July 14, 2023. He has previously made public remarks on judicial accountability and institutional independence, including at the Supreme Court Bar Association's National Conference, where he spoke about delays in granting relief to citizens held in custody.

His latest comments come amid continuing debate in India over the treatment of student protesters and the use of bail conditions that critics say curb free expression, including recent cases involving campus demonstrations and arrests linked to social media posts.

(The above story first appeared on LatestLY on Jul 26, 2026 08:27 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).