Peaceful protest Is fundamental, but public safety comes first: Bombay High Court
Mumbai, October 19: The Bombay High Court observed that while peaceful protests are a constitutional right, authorities must conduct background checks on participants before granting permission or restricting police action, emphasizing that individuals with criminal records should not be allowed to join demonstrations under the guise of ordinary citizens and that public inconvenience must also be considered.
A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna was hearing on Monday a batch of petitions alleging illegal detention of protesters by the police during the recent protests against the Chief Election Commissioner (CEC). The court directed the Maharashtra government to file a response to these allegations.
The Public Interest Litigation (PIL) filed by lawyer Sawar Devare raises the issue of alleged police brutality and the detention of people who were holding peaceful marches in support of the protests in Delhi. The petition seeks to prevent the police from detaining anyone involved in peaceful protests. During the hearing, senior advocate Gayatri Singh presented an application on behalf of four individuals. She explained that the four were detained by the police after participating in a peaceful march last week. They were allegedly detained for a day before being allowed to go home and later placed under house arrest. Senior advocate Mihir Desai, representing the petitioners, also submitted affidavits from two other individuals who were allegedly detained from their homes.
The bench stated that every citizen has the right to protest, but this right must be exercised peacefully. The court remarked that the police in Maharashtra have exercised considerable restraint. However, it also stated that before issuing broad guidelines, it is necessary to consider factors such as the background of the protesters and the inconvenience their demonstrations may cause to the public. The court stated that protesters should have no criminal record and that criminals should not be allowed to participate in such demonstrations under the guise of ordinary citizens.
Meanwhile, two lawyers representing residents of Shivaji Park in central Mumbai filed an application claiming that a High Court order prohibits such protests in the area. The court stated that both the petitioners and the Maharashtra government must present their arguments on these complaints. The bench set November 19, 2026, for the next hearing of the case.
