Bhopal: Supreme Court Justice Ujjal Bhuyan has questioned the arrest and prolonged detention of 14 Muslim youths accused of consuming chicken biryani while breaking their Ramzan fast on a boat in the Ganga in Varanasi, saying there is no law prohibiting anyone from eating chicken over the river.
Speaking at the 4th Memorial Lecture of Justice G.P. Singh at the National Law Institute University (NLIU) in Bhopal on Saturday, Justice Bhuyan said the youths spent nearly three months in jail for an act that did not constitute an offence.
“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. Can people be arrested and denied bail for three months for such an activity? Citizens are watching, people are watching,” Justice Bhuyan said.
The remarks referred to the arrest of 14 Muslim youths by the Varanasi Police in March after they allegedly consumed chicken biryani while observing iftar during a boat ride on the Ganga. They were booked under provisions of the Bharatiya Nyaya Sanhita (BNS) relating to outraging religious feelings, promoting enmity and public nuisance, besides alleged violations of the Water Pollution Control Act. Complainants had alleged that the group discarded meat bones and food leftovers into the river, considered sacred by Hindus.
Justice Bhuyan said the case reflected a broader trend of criminalising legitimate conduct and shrinking space for dissent in the country.
“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 the right to demonstrate peacefully are fundamental freedoms of citizens. Debate and dissent are the essence of democracy. Unfortunately, even formal activities are criminalised,” he said.
The Supreme Court judge also criticised judicial attitudes towards peaceful protests, citing a Bombay High Court order that refused permission for a demonstration in solidarity with Gaza. He said the judiciary must protect constitutional freedoms and remain open to criticism, adding that public confidence—not self-congratulation—was the true measure of the institution’s credibility.
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