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At SCBA Meet, Justice Bhuyan Flags Overuse of UAPA, Trivial FIRs and Gender Gaps in Higher Courts

Citing official data, the Supreme Court judge said prolonged pre-trial detention with meagre convictions under special laws erodes liberty.

Overview

  • Justice Ujjal Bhuyan warned of a surge in FIRs for protests, student agitations and even memes, saying such trivial cases escalate to the Supreme Court and drain judicial time through Special Investigation Teams.
  • He said many judges are "more loyal than the king," showing undue deference to investigating agencies and denying bail in deserving cases despite the principle that bail is the norm.
  • Quoting Ministry of Home Affairs figures, he noted thousands of UAPA arrests with conviction rates hovering around 1–6% from 2019 to 2023, and under PMLA 7,771 ECIRs with 1,031 arrests and only 47 trials concluded as of March 31, 2025.
  • He urged the judiciary to act as a constitutional sentinel rather than align with political slogans, proposing 2050 as a reflective institutional milestone as the Constitution and Supreme Court approach their centenaries.
  • He highlighted persistent gender imbalance in higher courts, contrasting women’s strong performance in objective lower-judiciary exams with only about 14% women in high courts and just 11 women appointed to the Supreme Court since 1950, which he linked to subjective collegium assessments.