Mumbai: The Bombay High Court declined to issue a broad prohibition against police detentions concerning individuals demonstrating against Chief Election Commissioner Gyanesh Kumar, indicating instead that it would intervene if specific instances of unlawful action were presented.
During a hearing on a petition claiming that Mumbai police had unlawfully detained hundreds of peaceful demonstrators over the weekend, the court turned down a request for an interim directive that would have barred law enforcement from executing further detentions during peaceful assemblies.
The legal challenge was brought forward by advocate Sagar Devre, who stated that the detentions occurred during marches organized across Mumbai on October 10 and 11 to express solidarity with demonstrations in the national capital targeting the CEC. The petition detailed that the individuals picked up by authorities included women, women accompanied by minor children, and students.
Representing the petitioner, advocate Manish Tomar pressed the bench to restrict police from carrying out additional detentions amidst peaceful gatherings. However, a division bench declined to implement a general stay on law enforcement procedures, noting that a blanket directive against detentions could not be issued. The bench added that any specific wrongful instances could be highlighted for judicial attention.
Additional Government Pleader Manish Upadhye requested additional time to gather instructions from relevant authorities regarding the claims raised in the petition. Granting the request, the high court postponed the proceedings and scheduled the next hearing for October 19.
The initial petition aimed to safeguard the fundamental rights of citizens, peaceful protesters, and legal professionals linked to the demonstrations against the CEC in the capital. It emphasized the need for law enforcement to exercise high levels of restraint, respect the right to peaceful assembly, and sought judicial directives to halt arbitrary or unconstitutional detentions.