Indian Supreme Court criticises judiciary for suppressing dissent

• Supreme Court Justice Ujjal Bhuyan has criticized the Indian judiciary's handling of cases involving citizens exercising their right to protest.
• Courts in India often deal with such petitions in a lackadaisical manner, leading to criminal action against citizens who are merely expressing dissent or protesting.
• Justice Bhuyan emphasized that the right to express one's views and demonstrate peacefully are fundamental freedoms of citizens, essential for a healthy democracy.

"It will not be an exaggeration to say that public space for expressing divergent opinion is shrinking in India. The right to express one's views and to demonstrate peacefully are fundamental freedoms of the citizens." - Justice Ujjal Bhuyan

Supreme Court Justice Ujjal Bhuyan has expressed strong concerns over the Indian judiciary's handling of cases involving citizens exercising their right to protest. In a recent lecture, Justice Bhuyan pointed out that courts in India often deal with such petitions in a lackadaisical manner, leading to criminal action against citizens who are merely expressing dissent or protesting. This trend is not only alarming but also raises serious questions about the shrinking public space for expressing divergent opinions in India.

Justice Bhuyan emphasized that the right to express one's views and demonstrate peacefully are fundamental freedoms of citizens, which are essential for a healthy democracy. However, he noted that even normal activities are being criminalized, and this is having a chilling effect on legitimate dissent.

Justice Bhuyan also highlighted the issue of restrictive bail conditions imposed by courts, which often come too late to be effective. He pointed out that while courts are granting relief in many cases, it is often accompanied by stringent conditions that risk discouraging legitimate dissent. This approach not only undermines the fundamental rights of citizens but also creates a sense of uncertainty and fear among those who wish to exercise their right to protest.

The Justice noted that consuming chicken biryani or having chicken over the Ganga river is not an offence, yet courts are increasingly treating normal activities as crimes. This raises serious concerns about the erosion of civil liberties in India.

The criticisms leveled by Justice Bhuyan against the judiciary's handling of dissent cases have significant implications for lawyers, compliance officers, and businesses operating in India. As citizens increasingly face criminal action for exercising their right to protest, it is essential for these stakeholders to be aware of this trend and advise clients accordingly. The restrictive bail conditions and delays in relief granted by courts also highlight the need for a more nuanced approach to dealing with dissent cases.

The Indian Supreme Court's handling of dissent cases has far-reaching implications for the country's democratic fabric. As Justice Bhuyan emphasized, debate and dissent are essential components of democracy, and any attempts to suppress them can have serious consequences for the rule of law and civil liberties.

Lawyers and compliance officers should be aware of the increasing trend of criminal action against citizens exercising their right to protest, and advise clients accordingly, as this may impact their business operations or public image.

Source: Original reporting via [Source]