The Bombay High Court sought Maharashtra's response to claims of illegal protest detentions. The case tests protest rights against public inconvenience and concerns over participants' backgrounds.
Mumbai,Oct 19, 2026 13:54 IST
The Bombay High Court on Monday said peaceful demonstration is a fundamental right, but a protester's credentials and inconvenience to the public must be considered before blanket orders restricting police action are issued, news agency Press Trust of India reported.
The court directed the Maharashtra government to respond to petitions alleging that police illegally detained people during recent protests in Mumbai against the Chief Election Commissioner.
A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna was hearing a public interest litigation filed by advocate Savar Devre. The petition alleged police brutality and the detention of people holding peaceful demonstrations in solidarity with protests in Delhi.
The petition sought directions restraining the police from detaining anyone participating in peaceful protests.
Advocate Gayatri Singh submitted an application on Monday on behalf of four people who were detained by the police last week after taking part in a peaceful march. Singh told the court that the four were detained for an entire day, allowed to return home and then placed under house arrest, according to PTI.
Senior advocate Mihir Desai, representing the petitioner, submitted affidavits from two other people who said the police had detained them from their homes.
The bench said that while everyone had the right to protest, the credentials of those taking part should also be examined. "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 said.
The court added that protesters should not have criminal records. "Under the guise of innocent civilians, criminals should not participate," it said.
Two lawyers representing residents of Shivaji Park in central Mumbai, where protests were held last week, also submitted applications. They claimed that a High Court order prohibited such demonstrations at the venue. The court said the petitioners and the state government would have to respond to these complaints.
The bench scheduled the next hearing for November 19. It will consider the allegations of illegal detention as well as the complaints from residents while examining the balance between the right to peaceful protest and concerns over public inconvenience and protesters' backgrounds.
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