Bombay HC seeks Maharashtra reply on protest detentions

The Bombay High Court on Monday, October 19, directed the Maharashtra government to respond to petitions alleging unlawful police detentions during recent protests against the Chief Election Commissioner in Mumbai. The bench recognised peaceful demonstration as a fundamental right, but said protesters' backgrounds and inconvenience to the public were relevant when considering a blanket restriction on police action.

According to The Economic Times, Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna were hearing a public interest litigation filed by advocate Savar Devre over alleged police brutality and the detention of people demonstrating in solidarity with protests in Delhi. The petition sought an order preventing police from detaining participants in peaceful protests.

The bench also made an observation favourable to the police: “In Maharashtra, we have seen there is huge restraint from the police.” The report did not set out a substantive government response to the individual detention allegations, which remain allegations rather than judicial findings.

Lawyers raise detention and house-arrest allegations

Advocate Gayatri Singh presented an application on behalf of four people who, she said, had been detained after joining a peaceful march the previous week. Singh told the court that they were held 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 people who alleged that police had detained them from their homes.

The judges said the right to agitate must be exercised peacefully. They also raised the question of criminal antecedents, expressing concern that people with criminal backgrounds should not participate under the cover of being ordinary civilians. These observations did not establish that any of the people seeking relief had such a background.

Shivaji Park residents' objections also before court

Two lawyers representing residents of Shivaji Park in central Mumbai, where protests took place the previous week, submitted applications asserting that an existing High Court order prohibited such agitation at the site. The report did not specify the terms or scope of that order.

The bench directed both the petitioners and the government to respond to the residents' complaints as well. It scheduled the next hearing for November 19, leaving the detention allegations and the objections concerning the protest venue for further consideration.