Process is punishment in free speech cases; Supreme Court increasingly confronted with such cases: Former CJI BR Gavai

Published on : 05 Dec 2025, 4:04 pm 2 min read

Prolonged criminal proceedings in free speech-related offences can inflict irreversible damage on fundamental freedoms even if the accused is acquitted later, former Chief Justice of India (CJI) BR Gavai said on Friday.

He warned that even if the accused ultimately secures acquittal, the delay may have already inflicted irreversible damage on their liberty, reputation and expressive agency.

"When cases involving speech offences remain pending for years, whether at the stage of investigation, trial or appeal, the process itself becomes a punishment," Justice Gavai said.

He was delivering the Justice KT Desai memorial lecture at the Bombay High Court.

The CJI also noted that the Supreme Court has increasingly been required to deal