Varanasi Iftar Chicken Biryani Case: Justice Bhuyan Flags Restrictive Bail Conditions

• Eight men were arrested in Varanasi for consuming chicken biryani on the banks of the Ganga River and denied bail for three months.
• Justice Ujjal Bhuyan questioned whether there was any law prohibiting such activity and noted that restrictive bail conditions substantially curtail personal liberty and fundamental freedoms.
• The Indian Supreme Court is facing criticism over its handling of democratic dissent, with Justice Bhuyan calling for judicial introspection in the face of increasing restrictive bail conditions.

I'm sure consuming chicken biryani is not an offence. Can't be an offence. There's no law prohibiting consumption of chicken over the Ganga River.

In a recent lecture at the National Law Institute University in Bhopal, Justice Ujjal Bhuyan expressed concerns over the increasing tendency to impose restrictive bail conditions. He used the Varanasi Iftar Chicken Biryani case as an example, where eight men were arrested and denied bail for three months after consuming chicken biryani on the banks of the Ganga River. The judge questioned whether there was any law prohibiting such activity and noted that the accused secured bail only after prolonged incarceration.

Justice Bhuyan's remarks come at a time when citizens are increasingly being arrested and denied bail for exercising democratic dissent. He warned against the shrinking space for dissent, asking if courts were indirectly telling citizens to remain silent. The judge emphasized that constitutional courts must safeguard liberty and ensure that the criminal justice system does not become a means to silence dissent.

The Varanasi Iftar case is just one of several instances where restrictive bail conditions have been imposed. Justice Bhuyan also cited cases where students and activists were granted bail subject to conditions restricting their freedom of expression, speech, and assembly.

Justice Bhuyan's lecture highlighted the increasing tendency to impose restrictive bail conditions. He noted that such conditions substantially curtail personal liberty and fundamental freedoms. The judge cited several examples, including a case where anticipatory bail was granted with the condition of surrendering one's passport, despite no allegation of flight risk.

The imposition of restrictive bail conditions has raised concerns over the erosion of democratic dissent. Justice Bhuyan emphasized that citizens are watching and the world is watching, as criminal law is increasingly being invoked against peaceful public causes. He suggested that these developments warrant judicial introspection and urged universities to encourage students to question prevailing ideas.

The role of universities in fostering critical thinking and inquisitiveness was also emphasized by Justice Bhuyan. He urged institutions of higher learning to promote uncomfortable conversations and not merely reproduce accepted views.

In his lecture, Justice Bhuyan called for judicial introspection in the face of increasing restrictive bail conditions. He emphasized that constitutional courts must remain steadfast protectors of liberty, free expression, and judicial independence. The judge noted that while courts eventually grant relief in many such cases, it often comes after citizens have already undergone prolonged incarceration.

Justice Bhuyan's remarks come at a time when the Indian Supreme Court is facing criticism over its handling of democratic dissent. He emphasized that the court must safeguard liberty and ensure that the criminal justice system does not become a means to silence dissent. The judge's call for judicial introspection highlights the need for the judiciary to re-examine its approach to bail conditions.

Lawyers should be aware of the increasing tendency to impose restrictive bail conditions, which can substantially curtail personal liberty and fundamental freedoms. They should watch for cases where citizens are arrested and denied bail for prolonged periods for exercising democratic dissent.

Source: Original reporting via The News Minute