Peaceful Protest Is A Fundamental Right, But Police Must Consider Public Inconvenience: Bombay High Court

The Bombay High Court on Monday observed that peaceful demonstrations are a fundamental right but said police action must be assessed in light of factors such as protesters’ credentials and the inconvenience caused to the public. The court directed the Maharashtra government to respond to petitions alleging illegal detention during recent protests against Chief Election Commissioner Gyanesh Kumar in Mumbai.

A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna was hearing a public interest litigation filed by advocate Savar Devre, alleging police brutality and the detention of people participating in peaceful demonstrations in solidarity with protests in Delhi. The petition sought directions restraining police from detaining people taking part in such protests.

“Everyone has the right to agitate. But that should be a peaceful agitation,” the bench observed, adding that police in Maharashtra had shown considerable restraint.

The court, however, said the background of those participating in demonstrations also needed to be considered. It observed that people with criminal antecedents should not participate in protests under the guise of being innocent civilians.

Petitioners Allege Detention, House Arrest

Advocate Gayatri Singh placed before the court an application on behalf of four people who were allegedly detained last week after participating in a peaceful march. Singh submitted that they were detained for an entire day, released with instructions to return home and subsequently placed under house arrest.

Senior advocate Mihir Desai, appearing for the petitioner, also submitted affidavits from two other people who alleged that police had detained them from their homes.

The court directed the Maharashtra government to respond to the allegations. Its observations came amid a broader dispute over police action against demonstrators protesting against the Election Commission and Chief Election Commissioner Gyanesh Kumar.

The bench did not issue a blanket direction restraining police from detaining participants in peaceful demonstrations, emphasising instead the need to consider the circumstances of each protest.

Shivaji Park Residents Raise Objection

The court also heard applications from two lawyers representing residents of Shivaji Park in central Mumbai, where protests were held last week. They submitted that an existing High Court order prohibited such demonstrations at the location.

The bench said both the petitioners and the state government would have to respond to the complaints concerning the protests at Shivaji Park.

The matter has been posted for further hearing on November 19.

(With PTI Inputs)