Justice Ujjal Bhuyan. File photo: Special arrangements
Supreme Court judge Justice Ujjal Bhuyan said on Sunday (March 22, 2026) that there are many people in the judiciary who continue to suffer from “loyalier than king syndrome”, pointing out the reluctance shown by courts in granting bail, leading to prolonged imprisonment for trial.
“Judiciary must remain judiciary. Judiciary can neither be a perpetual critic nor a cheerleader. It is a qui vive watchdog,” Justice Bhuyan said at the Supreme Court Bar Association’s 1st National Conference 2026 on ‘Role of Judiciary in Viksit Bharat’ in Bengaluru.
The judge called the “reckless” registration of criminal cases, including student protests, memes and posts on social networks.
“For trivial matters like public demonstrations, agitations, even by students, sometimes even for posting memes and posts on social media, FIRs (First Information Reports) are registered and investigations are going on. Matters are reaching the Supreme Court. The Supreme Court has to set up special investigation teams. This will take up enough court time,” Justice Bhuyan pointed out.
He said the judiciary was also partly responsible for the prolonged imprisonment without bail.
“I have to admit that many in the judiciary continue to suffer from ‘more loyal than the king’ syndrome. As a result, people continue to languish in prison for months and months together,” the high court judge said.
The judge spoke of the “overuse” of draconian laws, including the Money Laundering Prevention Act and the Unlawful Activities Prevention Act (UAPA). As of March 2025, 7,771 Enforcement Case Information Reports (ECIRs) had been filed, he said. The number of arrests was 1031. Trials ended in only 47 cases.
“How do you justify keeping these people in prison for months and years together when the maximum sentence is seven years?” Justice Bhuyan asked.
The miniscule conviction rate compared to the arrests made shows the cases were built on flimsy evidence that didn’t hold up in court, he said. These cases not only add to the backlog, but raise fundamental questions of liberty.
“With a conviction rate of less than 5% and a 95% chance of acquittal, the question is, why should the accused be locked up in jail for years and years together? This cannot be a model for Viksit Bharat,” Justice Bhuyan said.
Dissent should not be criminalized in ‘Viksit Bharat’ nor should there be debate or difference of opinion, he said.
“There should be more space for dissent and debate in Viksit Bharat. Dissent should not be criminalized. There should be more tolerance for different views and criticism,” Justice Bhuyan said.
Published – 22 March 2026 21:54 IST
