The Bombay High Court has affirmed that the right to peaceful demonstration is a fundamental right. However, it emphasised that the credentials of protesters and the potential inconvenience to the public must be taken into account before issuing blanket orders that restrict police action. This statement was made during a hearing on Monday, as reported by the Press Trust of India.

Government Directed to Respond to Allegations

The court has instructed the Maharashtra government to respond to petitions that allege the unlawful detention of individuals during recent protests in Mumbai against the Chief Election Commissioner. A bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna was reviewing a public interest litigation filed by advocate Savar Devre, which claimed police brutality against peaceful demonstrators who were expressing solidarity with protests occurring in Delhi.

In the proceedings, advocate Gayatri Singh presented an application on behalf of four individuals who were reportedly detained by the police after participating in a peaceful march last week. Singh informed the court that these individuals were held for an entire day, subsequently released, and then placed under house arrest.

Additionally, senior advocate Mihir Desai, representing the petitioner, submitted affidavits from two other individuals who alleged they were detained by police from their homes. The court noted that while the right to protest is universal, it is essential to scrutinise the backgrounds of those participating in such demonstrations.

Concerns Over Protester Backgrounds Raised

The bench remarked that while everyone is entitled to protest, it is crucial to ensure that those involved do not have criminal records. The court stated, “Under the guise of innocent civilians, criminals should not participate.” This statement reflects the court’s intention to balance the right to protest with the need for public order.

Furthermore, two lawyers representing residents of Shivaji Park in central Mumbai, the site of the recent protests, submitted applications indicating that a High Court order prohibits such demonstrations at that location. The court acknowledged these complaints and indicated that both the petitioners and the state government would need to address them in future hearings.

The bench has scheduled the next hearing for November 19, during which it will consider the allegations of illegal detention alongside the residents’ complaints. The court aims to examine the delicate balance between the right to peaceful protest and the concerns regarding public inconvenience and the backgrounds of the protesters.

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