Supreme Court Justice Ujjal Bhuyan has questioned the arrest and prolonged imprisonment of 14 Muslim youths who were booked after allegedly eating chicken biryani during an iftar gathering on a boat in the Ganga in Varanasi.
Speaking at the 4th Justice G.P. Singh Memorial Lecture at the National Law Institute University (NLIU) in Bhopal, Justice Bhuyan said consuming chicken over the Ganga is not an offence under any law and criticised the youths’ three-month incarceration.
“I am sure consuming chicken biryani is not an offence. It can’t be an offence. There’s no law that prohibits the consumption of chicken over the Ganga River,” Justice Bhuyan said. “They were arrested for that very reason and they had to remain in jail for three months.”
14 Muslim youths were arrested in March
The remarks referred to the arrest of 14 Muslim youths by Varanasi Police in March after they allegedly consumed chicken biryani while breaking their Ramadan fast during a boat ride on the Ganga.
Police had booked them under provisions of the Bharatiya Nyaya Sanhita (BNS) relating to outraging religious feelings, promoting enmity and public nuisance, along with provisions of the Water (Prevention and Control of Pollution) Act.
According to the complaint, the youths had thrown meat bones and food leftovers into the river, allegedly hurting religious sentiments.
‘Debate and dissent are the essence of democracy’
Justice Bhuyan used the incident to express concern over what he described as the growing criminalisation of peaceful dissent 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,” he said.
He added that environmental activists and student protesters were increasingly facing arrests and delayed bail.
“People who come to voice their anguish over environmental degradation, which is a reality, are chased away as if they are criminals. Students protesting on campuses are arrested, and they do not get bail for 30 to 40 days,” he said.
Raises concerns over restrictive bail conditions
Justice Bhuyan also questioned whether courts were discouraging citizens from expressing dissent by imposing stringent bail conditions.
“Though the courts are responsive and do grant bail, many a time 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 asked.
Referring to the Supreme Court’s 2024 judgment against punitive “bulldozer justice,” he said the ruling was welcome but had come “two years too late.”
He also criticised bail conditions that prevent accused persons from attending public meetings or posting on social media, saying such restrictions “severely undermine their fundamental freedoms and liberty.”
Questions Bombay High Court’s Palestine protest order
Justice Bhuyan also criticised a Bombay High Court order refusing permission for a demonstration in solidarity with Palestine.
Recalling the case, he said he found the court’s observations “very amusing” after petitioners were asked why they wanted to protest over events in Gaza instead of focusing on issues within India.
“Traditionally, India has always recognised Palestine, and we have a Palestine embassy in India,” he said, adding that universities should encourage students to question institutions and engage critically with judicial decisions.
The Supreme Court judge also stressed the importance of judicial independence, freedom of expression and the constitutional role of courts in protecting democratic values and fundamental rights.
