Peaceful protest is fundamental right, but protesters’ credentials matter: Bombay High Court

The Bombay High Court on Monday said peaceful demonstrations are a fundamental right, but the credentials of protesters, their criminal antecedents and public inconvenience must be considered before issuing blanket orders restricting police action.

A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna directed the Maharashtra government to respond to petitions alleging illegal detention of individuals by police during recent protests against Chief Election Commissioner (CEC) in Mumbai.

The court was hearing a public interest litigation filed by advocate Savar Devre against alleged police brutality and detention of people participating in peaceful demonstrations in solidarity with protests in Delhi. The plea sought directions to the police not to detain anyone taking part in such protests.

On Monday, advocate Gayatri Singh submitted an application filed by four people who were detained last week after participating in a peaceful march. The four were detained for an entire day, asked to return home and subsequently placed under house arrest, Singh said.

Senior advocate Mihir Desai, appearing for the petitioner, also submitted affidavits from two other people who were allegedly detained by police from their homes.

The bench observed that everyone has the right to protest but stressed that demonstrations must remain peaceful.

"Everyone has the right to agitate. But that should be a peaceful agitation. In Maharashtra, we have seen there is huge restraint from the police," the court stated.

The court also said the credentials of those participating in protests must be examined, adding, "They should not have any criminal antecedents. Under the guise of innocent civilians, criminals should not participate."

Meanwhile, two lawyers representing residents of Shivaji Park in central Mumbai, where protests were held last week, submitted applications claiming that a high court order prohibits such demonstrations at the venue.

The bench said the petitioners and the Maharashtra government would also have to respond to these complaints.

The court posted the matter for further hearing on November 19.