The Bombay High Court protest rights hearing has brought renewed attention to allegations of illegal detentions during recent demonstrations in Mumbai. On Monday, the court said peaceful protest is a fundamental right but observed that public inconvenience and the backgrounds of participants must also be considered before issuing blanket restrictions on police action.
A bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna directed the Maharashtra government to respond to petitions alleging police brutality and the detention of people participating in demonstrations against the Chief Election Commissioner.
Petition Alleges Illegal Detention of Protesters
The court was hearing a public interest litigation filed by advocate Savar Devre. The petition alleged that police had detained people participating in peaceful demonstrations held in solidarity with protests in Delhi.
It sought directions restraining police from detaining individuals taking part in peaceful protests.
Advocate Gayatri Singh also submitted an application on behalf of four people who were allegedly detained last week after participating in a march. According to the submissions reported during the hearing, the four were detained for an entire day, allowed to return home and subsequently placed under house arrest.
Senior advocate Mihir Desai, representing the petitioner, submitted affidavits from two other individuals who alleged that police had detained them from their homes.
These allegations are part of the proceedings and have not been established as judicial findings.
Court Highlights Peaceful Conduct and Participants' Backgrounds
During the hearing, the bench reiterated that people have the right to demonstrate, while emphasising that protests should remain peaceful. The court also raised concerns about individuals with criminal records participating in demonstrations under the guise of peaceful civilians.
The observations came as the court considered whether broad restrictions on police action could be issued without examining the circumstances surrounding individual protests.
The proceedings highlight the questions courts may face when balancing the right to peaceful assembly with public order and the responsibilities of law enforcement.
Shivaji Park Residents Raise Objections
Two lawyers representing residents of Shivaji Park in central Mumbai also submitted applications concerning demonstrations held at the venue last week.
They claimed that an earlier High Court order prohibited such demonstrations at Shivaji Park. The bench said the petitioners and the Maharashtra government would need to respond to these complaints as the matter proceeds.
The court scheduled the next hearing for November 19, when it is expected to consider the allegations of illegal detention alongside the concerns raised by residents.
The case continues to examine the balance between peaceful protest, police powers and the impact of demonstrations on the public.
For information on court proceedings and judicial updates, visit the official Bombay High Court website.
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