Justice Ujjal Bhuyan Flags Over‑use of PMLA, UAPA and Judicial Delays at SCBA 2026 Conference

Justice Ujjal Bhuyan Highlights Judicial Challenges at SCBA 2026 Speaking at the 1 st Supreme Court Bar Association National Conference 2026, Justice Ujjal Bhuyan warned that a culture of "more loyal than the king" among some judges, combined with reckless registration of FIR , is leading to unnecessary bail denials and prolonged incarceration. Key Developments Judiciary is burdened by a surge in frivolous FIRs for trivial acts such as public protests, memes, or social‑media posts. Special Investigation Teams ( SIT ) are being constituted repeatedly, consuming valuable Supreme Court time. Over‑use of the PMLA and UAPA is inflating case backlogs and keeping accused in jail for years without conviction. State agencies are the biggest litigants, filing countless appeals that swell dockets. Judicial infrastructure receives less than 1% of state budgets, far below the ~4% allocation in countries like Brazil. Important Facts & Figures As of 31 March 2025, 7,771 Enforcement Case Information Reports ( ECIR ) were filed under the PMLA . Only 1,031 arrests resulted, and merely 47 trials concluded, yielding a conviction rate of less than 1%. UAPA statistics (Ministry of Home Affairs, Lok Sabha) show persistently low conviction rates: 2019 – 1,984 arrests, 34 convictions (1.74% conv. rate) 2020 – 1,321 arrests, 80 convictions (6% conv. rate) 2021 – 1,621 arrests, 62 convictions (≈3% conv. rate) 2022 – 2,636 arrests, 41 convictions (≈1.5% conv. rate) 2023 – 2,941 arrests, 118 convictions (≈4% conv. rate) Overall, the conviction rate hovers around 4%, indicating that the majority of arrests are premature or unsupported by evidence. UPSC Relevance These observations intersect with multiple GS papers: GS 2 (Polity) – Understanding the balance of powers, judicial independence, and the impact of over‑criminalisation on civil liberties. GS 3 (Economy) – Assessing how misuse of financial statutes like PMLA affects business confidence and foreign investment. GS 4 (Ethics) – Evaluating the ethical duty of judges to resist undue deference to investigative agencies and to protect individual rights. Way Forward Justice Bhuyan proposes a multi‑pronged approach: Restrict frivolous FIRs – Introduce guidelines limiting police registration of cases for non‑violent expression, thereby safeguarding dissent (a core democratic value). Review PMLA and UAPA usage – Set statutory thresholds for arrest and mandate periodic judicial review to prevent prolonged pre‑trial detention. Increase judicial funding – Raise state allocation to at least 3‑4% of the budget to improve infrastructure, recruit support staff, and reduce judge‑to‑case ratios. Promote judicial accountability – Encourage transparent performance metrics for judges and establish mechanisms to curb the "more loyal than the king" mindset. Foster a tolerant "Viksit Bharat" – Ensure that dissent, minority rights, and social inclusion are protected, aligning legal practice with the constitutional ethos of liberty and equality. By addressing these systemic issues, the judiciary can reclaim its role as a "sentinel on the qui vive," maintaining constitutional balance while supporting India’s developmental aspirations.