Peaceful protest is fundamental right, but protesters’ credentials must be weighed: Bombay HC
The court said peaceful protest is a fundamental right but asked the state to answer claims that police detained marchers and bystanders without cause.
- On Monday, the Bombay High Court directed the Maharashtra government to respond to petitions alleging illegal detentions during recent anti-CEC protests in Mumbai, with Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna overseeing the case.
- Senior advocates Gayatri Singh and Mihir Desai submitted affidavits alleging protesters, young bystanders, and residents were picked up without specific reasons, claiming police held individuals at stations or under house arrest after peaceful marches last week.
- Advocate General Milind Sathe argued "no person was detained" near Gamdemi police station, while Shivaji Park residents filed applications claiming recent protests caused public inconvenience and violated high court orders prohibiting agitation in their area.
- Emphasizing that everyone has a right to agitate, the Bench stated that protest participants must not have criminal antecedents, adding, "Under the guise of innocent civilians, criminals should not participate."
- Seeking further replies from both parties, the Bench posted the matter for hearing on November 19, 2026, signaling it would examine each specific case of alleged unlawful detention brought on record.
18 Articles
18 Articles
Peaceful Protest Is A Fundamental Right, But Police Must Consider Public Inconvenience: Bombay High Court
The Bombay High Court observed that peaceful protests are a fundamental right but said police must consider public inconvenience and the circumstances of demonstrators.
Peaceful protests fundamental right but public inconvenience must be considered: Bombay HC
Bombay High Court seeks Maharashtra government's response to alleged illegal detention of anti-CEC protesters and raises concerns over protesters’ credentials and public inconvenience.
Peaceful protest is fundamental right, but...: Bombay HC
The Bombay High Court has observed that while peaceful demonstration is a fundamental right, factors like a protestor's credentials and public inconvenience must be considered before restricting police action. The court directed the Maharashtra government to respond to petitions alleging illegal detention during recent anti-CEC protests and also noted the need to consider protesters' antecedents.
Bombay HC directs Maha govt to reply to illegal detention pleas
The Bombay High Court on Monday, October 19, directed the Maharashtra government to answer petitions alleging that Mumbai Police illegally detained people during protests against Chief Election Commissioner (CEC) Gyanesh Kumar on October 10 and 11, including some who say they were picked up from their homes. According to LiveLaw, a bench of Chief Justice … Get the latest updates in Hyderabad City News, Technology, Entertainment, Sports, Politics…
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