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Courts Must Bin Cases Filed to Silence Dissent, Not Preach to Citizens: Ex-SC Judge Abhay Oka

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By Mumbai Press Bureau
MUMBAI — Constitutional courts are duty-bound to quash criminal proceedings launched merely to suppress dissent and must refrain from lecturing citizens on what they should or should not say, former Supreme Court judge Justice Abhay S. Oka emphasized at a legal event in the city.

Speaking at the inaugural Advocate Haroon Solkar Memorial Lecture Series held at the K.C. College auditorium in Mumbai, Justice Oka highlighted the urgent need to defend fundamental civil liberties amidst rising intolerance toward public criticism and opposition viewpoints.

The lecture focused on the theme “Article 19(1)(a) and Article 21: Followed or Forgotten?”, addressing the growing friction between state authority, judicial oversight, and constitutional rights.
“Not the Role of Courts to Preach or Teach”
Justice Oka—who served on the Supreme Court bench from August 2021 until May 2025—stressed that when citizens approach constitutional courts seeking relief against frivolous or politically motivated criminal prosecutions, the judiciary must stand at the forefront as their protective shield.

“The court may not like what the petitioners have said or expressed, but still it is the duty of the court to protect the freedom of speech and expression. It is not the function of the court to preach or teach the petitioner what he or she should have said or not said,” Justice Oka stated.

He added that judicial scrutiny in such matters should remain strictly limited to assessing whether an actual penal offense is disclosed under the law, rather than evaluating the social or political palatability of the statements.
Citing Sir Thomas More: “Rulers of the Day”
Invoking Irish writer Sir Thomas More, Justice Oka reminded the audience that in a vibrant democracy, citizens cannot be expected to express only opinions that please those in authority.

“Citizens are not expected to say only those things that are liked by the rulers of the day,” Justice Oka remarked, warning that suppressing unpopular viewpoints poses a direct threat to democratic governance.

“If democracy is to survive, we must guard and protect our freedoms guaranteed under Articles 19(1)(a) and 21 of the Constitution of India—even if we have to pay a huge cost to protect these fundamental rights,” he urged the gathering of jurists, advocates, and legal scholars.

Peaceful Protest and “Forgotten Principles” of Dialogue
Underlining that peaceful assembly and demonstration are intrinsic to the right to free expression, Justice Oka emphasized that staging peaceful protests is often the primary lawful avenue citizens have to register dissatisfaction when public grievances go unaddressed.
While the state is not obligated to accept every demand, Justice Oka stressed that government institutions hold a fundamental obligation to engage in constructive dialogue.

“In a democracy, every citizen has a right to put forth his demands, and it is the duty of the state to deal with the same,” he noted. “The government may or may not accept it, but it is the government’s duty to consider it, have a dialogue and discussion. But perhaps with the passage of time, we have all forgotten these golden principles.”

He cautioned against the casual invocation of penal provisions against critics, journalists, and activists, pointing out that disagreement with an opinion should be met with an alternative viewpoint rather than punitive criminal proceedings.
State Obligations and Judicial Vigilance
Reflecting on constitutional duties, Justice Oka asserted that while citizens are frequently reminded of their obligations under Article 51A, the state holds a corresponding responsibility to uphold core constitutional ideals, including secularism, democracy, and personal liberty.

“In the present day, we rarely see the government respecting the ideals under the Constitution,” Justice Oka observed, calling on constitutional courts to remain ever-vigilant guardians against the erosion of fundamental freedoms. “I always believe that the courts must be at the forefront to protect the fundamental rights of citizens,” he concluded. “If courts are not going to protect these fundamental rights, then who is? It is the bounden duty of the courts to ensure that the Constitution and its ideals are not trampled upon.”

Maharashtra

Youth-led research to transform Maharashtra into a global innovation hub: CM Fadnavis

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Mumbai, Sep 30: Chief Minister Devendra Fadnavis on Wednesday said that Maharashtra is India’s undeniable startup capital, both in sheer numbers and effective implementation.

At the prize distribution ceremony of the 4th edition of ‘The Governance Challenge’, he expressed confidence that youth-led research and innovation will soon position Maharashtra as a global innovation hub.

The prestigious governance competition was organised in collaboration with the Bill & Melinda Gates Foundation and Samagra. Prominent dignitaries present included Chief Secretary Rajesh Aggarwal, MITRA Governing Council Member Deepak Karanjikar and Gates Foundation Deputy Director Arnav Kapoor.

CM Fadnavis said that Maharashtra currently hosts over 18% of India’s total startups, exceeding 30,000 active ventures—the highest in the nation. He announced plans to construct a massive 300-acre Innovation City in Navi Mumbai, focusing primarily on Artificial Intelligence (AI) and advanced deep-tech research.

Under the Maharashtra Artificial Intelligence Policy 2026, the state will establish dedicated AI incubators and train over 200,000 youth and working professionals. Additionally, ‘M-Hub’ is being built as the state’s first dedicated startup incubator, he informed. Powered by innovation, Maharashtra aims to build a $1 trillion economy by 2030 and expand to a $2 trillion economy by 2035, he said.

CM Fadnavis stated that the state is establishing an end-to-end innovation pipeline—bridging ideas from tier-2 and tier-3 regional centres (such as Nagpur, Nashik, Kolhapur, Nanded, and Amravati) directly into market-ready global enterprises. “This initiative goes beyond a mere competition—it is a platform to discover talent and ideas that will shape the future administrative setup of Maharashtra and India. Hackathons should not end with certificates; their true strength lies in real-world implementation,” he added.

Chief Secretary Rajesh Aggarwal emphasised the synergy between government, corporate sectors, and market dynamics to foster self-sustaining innovations with minimal governmental friction.

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Maharashtra

Local struggle in Mankhurd-Shivaji Nagar bears fruit; polluting SMS company to be shut down by 2027: Abu Asim Azmi

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Mumbai: A final decision has been reached to shut down the SMS company in the Mankhurd-Shivaji Nagar area by 2027; the facility had been polluting the air and posing a health risk to local residents for years. This development—achieved through a prolonged public struggle and persistent protests led by the Samajwadi Party—is being hailed as a major victory and a source of immense relief for the area’s inhabitants.

A special event was organized to celebrate this success, during which the history of the long struggle was revisited in the presence of the Samajwadi Party’s Maharashtra State President and local MLA, Abu Asim Azmi. During the event, the hard work of party workers and the unparalleled cooperation of local citizens were acknowledged, with the history of the campaign displayed on an LED screen. Key actions were highlighted, including the extensive campaign against the company led by State President Abu Asim Azmi; the organization of large-scale sit-ins and protest marches; raising the issue prominently in the Legislative Assembly to pressure the government and administration to close or relocate the plant; and waging a legal battle to vigorously expose violations of pollution control standards. State President Abu Asim Azmi extended his heartfelt congratulations to all the residents of Mankhurd-Shivaji Nagar on this achievement. He stated that this success is a testament to the patience and unwavering struggle of the local people, who never allowed their voices against pollution to be silenced. They also expressed gratitude to every citizen and party worker who stood shoulder-to-shoulder with them throughout this entire struggle. It was further clarified that although a 2027 deadline has been set for the company’s closure, the campaign to secure a clean, healthy, and safe environment for Mankhurd-Shivaji Nagar will not stop here; the Samajwadi Party’s struggle to protect the local environment and the health rights of residents will continue with full intensity in the days ahead.

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Maharashtra

Drugs Worth ₹3,000 Crore Seized in Gujarat

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The Indian Coast Guard and the Gujarat ATS have achieved a major breakthrough against an international drug smuggling network in Gujarat. In a joint operation, the two agencies seized drugs worth approximately ₹3,000 crore from a boat in the Arabian Sea.

Five Pakistani nationals have been arrested in connection with this operation. A total of 526 kilograms of narcotics were recovered from the boat. The arrested individuals are currently being interrogated.

The Indian Coast Guard and Gujarat ATS busted a major drug smuggling network through this joint operation in the Arabian Sea.

Acting on intelligence inputs, the agencies intercepted a suspicious boat at sea. A search of the vessel yielded 526 kilograms of narcotics, estimated to be worth around ₹3,000 crore in the international market.

Five Pakistani nationals on board the boat were arrested during the operation. All the accused are being questioned. Investigative agencies are working to determine the origin of the drug consignment and its intended destination within India.

Efforts are also underway to identify other individuals involved in this network.

Further investigation into the matter is currently ongoing. Details regarding the entire drug supply chain and other individuals linked to the international smuggling network will only be revealed after the investigation concludes.

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