Mumbai: The Bombay High Court stated that peaceful demonstration constitutes a fundamental right, though the credentials of participants and the resulting inconvenience to the general public must be evaluated before issuing broad orders restricting police action.
The court directed the Maharashtra government to file a response regarding allegations that police unlawfully detained individuals during recent protests in Mumbai against the Chief Election Commissioner.
A bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna heard a public interest litigation filed by advocate Savar Devre, which alleged police brutality and the detention of citizens participating in peaceful demonstrations held in solidarity with protests in Delhi.
The petition sought judicial directives to prevent police from detaining anyone engaging in peaceful protests. During the proceedings, advocate Gayatri Singh submitted an application for four individuals detained last week after taking part in a peaceful march, noting they were held for an entire day, permitted to return home, and subsequently placed under house arrest.
Senior advocate Mihir Desai, appearing for the petitioner, presented affidavits from two additional individuals who reported being detained directly from their residences by police officers.
The bench acknowledged the universal right to agitate while stressing that participant backgrounds warrant scrutiny. The court remarked that agitations must remain peaceful and noted that police in Maharashtra generally exercise significant restraint.
The judges further observed that protesters should lack criminal backgrounds, stating that criminals must not be allowed to participate under the guise of innocent civilians.
Two lawyers representing residents of Shivaji Park in central Mumbai, the site of last week's demonstrations, filed applications claiming a prior High Court order prohibits such protests at the location. The court instructed the petitioners and the state government to address these complaints.
The bench adjourned the matter to November 19, when it will review the allegations of unlawful detention alongside resident grievances while balancing freedom of assembly against public disruption and participant credentials.