India, March 6 -- They have failed to uphold the spirit of the [the] constitution" - not my words, but those of Justice Deepak Gupta. In conversations with me, both Justice Gupta and Justice Madan Lokur have expressed dismay and anger at the abject surrender on free speech principles by their brethren in the Indian judiciary.

We were talking about the interventions of the courts in Madhya Pradesh and Allahabad in the arrest of Munawar Faruqui and the denial of pre-arrest bail to Amazon executive, Aparna Purohit, for the web series Tandav, respectively. I only half-joked, when I quipped to the two retired justices of the Supreme Court, that they could not be hauled up for contempt, but I sure would be.

The Allahabad High Court goes so far ...