Justice Ujjal Bhuyan Questions Arrest of Muslim Youths Over Chicken Biryani on Ganga Boat
Supreme Court judge says eating chicken biryani is not a crime and raises concerns over the growing criminalisation of peaceful expression.
Bhopal: Supreme Court Justice Ujjal Bhuyan has criticised the arrest and prolonged detention of 14 Muslim youths who were booked after eating chicken biryani during an iftar gathering on a boat in the Ganga at Varanasi. He said there is no law that makes consuming chicken on the river an offence.
Speaking at the fourth Justice G P Singh Memorial Lecture at the National Law Institute University in Bhopal, Justice Bhuyan said he could not understand how eating chicken biryani could be treated as a criminal act. He noted that the youths spent nearly three months in jail following their arrest.
The group was taken into custody in March under various provisions of the Bharatiya Nyaya Sanhita, including charges related to hurting religious sentiments, promoting enmity, public nuisance, and alleged violations of the Water Prevention and Control of Pollution Act. The complaint claimed they consumed chicken biryani during an iftar boat gathering and threw food waste into the Ganga, allegedly offending religious sentiments.
Using the case as an example, Justice Bhuyan expressed concern over what he described as the increasing tendency to treat peaceful acts and expressions as criminal offences. He said freedom of expression and the right to peaceful protest are essential features of a democratic society and should be protected.
The judge also referred to the experiences of environmental activists and students, saying many of them face arrest, delays in securing bail, and disciplinary action from educational institutions for participating in protests.
He further questioned whether strict bail conditions imposed by courts discourage people from exercising their democratic rights. Referring to the Supreme Court’s 2024 judgment against what has been described as bulldozer justice, Justice Bhuyan said the ruling was important but believed it came two years later than it should have.
Justice Bhuyan also criticised the Bombay High Court’s decision to deny permission for a pro Palestine demonstration. He noted that India has long recognised Palestine and questioned why peaceful expressions of solidarity should be viewed with suspicion.