Excessive UAPA arrests with minimal convictions no model for Viksit Bharat: Justice Ujjal Bhuyan

On Sunday, Supreme Court judge Justice Ujjal Bhuyan cautioned that indiscriminate use of the Unlawful Activities (Prevention) Act cannot be the blueprint for a “Viksit Bharat.” Speaking at the Supreme Court Bar Association conference in Bengaluru, he emphasised that criminalising dissent and over-reliance on stringent laws risk weakening constitutional values at a time when India is aiming for inclusive development.

The remarks came against the backdrop of data showing a stark mismatch between arrests and convictions under UAPA from 2019 to 2023. Justice Bhuyan pointed out that thousands have been detained under the law, yet conviction rates remain abysmally low, hovering around 5%. This disparity, he suggested, raises serious concerns about premature arrests and insufficient evidence, burdening courts and contributing to systemic delays. The judge also linked the issue to broader constitutional concerns, including shrinking space for dissent, growing intolerance of differing views, and persistent social inequalities such as caste-based discrimination, which continue to undermine the vision of a developed India.

Calling attention to the imbalance, Justice Bhuyan observed that the data itself signals structural misuse of the law. “With a general conviction rate of 5% or less… this indicates many arrests were premature and unsupported by sufficient evidence,” he said, questioning prolonged incarceration without even filing chargesheets. He stressed that such practices erode the foundational principle that bail is the rule and jail the exception, while also overloading the judiciary. The Justice further emphasised that a truly developed nation must safeguard dissent, uphold dignity, and address deep-rooted social inequities rather than suppress them through excessive criminalisation.

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