No blanket shield from arrest for anti-CEC protesters, Bombay High Court says, seeks proof of illegal detentions

The Bombay High Court on Tuesday refused to pass blanket orders against police detentions of people protesting against Chief Election Commissioner Gyanesh Kumar, while assuring that it would take action if specific illegalities are brought before it.

The court was hearing a petition filed by advocate Sagar Devre, who alleged that Mumbai police illegally detained hundreds of peaceful demonstrators, including women and students, who took out marches in solidarity with agitations in the national capital over the weekend.

Advocate Manish Tomar, representing the petitioner, urged the court to issue an interim order restraining the police from making further detentions during peaceful demonstrations.

A division bench, however, declined the plea for a general stay on police action.

"We cannot pass a blanket order saying no person shall be detained. You point out if there is any such instance, we will take care. We will not permit anything wrong," the court observed.

Additional Government Pleader Manish Upadhye sought time to seek instructions from the concerned authorities on the claims made in the petition.

Accepting the request, the high court adjourned the matter and posted the plea for further hearing on October 19.

Devre's plea sought protection of the fundamental rights of citizens, peaceful demonstrators, lawyers and others in connection with the protests in the national capital against the CEC.

The petition stated that when citizens of Mumbai took out peaceful walks across the city on October 10 and 11 to show their solidarity for the protest in Delhi, the police, unnecessarily and without any authority, detained hundreds of people, including women with minor children and students.

"Law enforcement agencies must exercise utmost restraint and the right to peaceful assembly must be respected," the plea stated.

The petition sought a direction to the police not to indulge in arbitrary and unconstitutional detention of peaceful protesters.