High Court affirms peaceful protest as a fundamental right while requiring protesters' credentials to be examined.
Legal balance established between public assembly rights and scrutinizing the background of demonstrators.
Court ruling emphasizes evaluating protesters' legitimacy during public demonstrations.
Peaceful Protest Is Fundamental Right, But Protesters’ Credentials Must Be Weighed: HC
High Court upholds peaceful protest as a fundamental right while ruling that courts must examine the credentials and intent of protesters when evaluating public interest litigation
Summary
The Bombay High Court on Monday observed that while peaceful demonstration is a fundamental right, factors like a protestor's credentials and public inconvenience must be weighed before issuing blanket orders restricting police action.
A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna directed the Maharashtra government to respond to petitions alleging the illegal detention of individuals by the police during recent anti-Chief Election Commissioner (CEC) protests in the city.
The court was hearing a public interest litigation filed by advocate Savar Devre against alleged police brutality and detention of persons who are taking out peaceful demonstrations in solidarity with the protests in Delhi.
The plea had sought a direction to the police not to detain any person taking part in such peaceful protests.
Advocate Gayatri Singh on Monday submitted an application filed by four persons who were detained by the police last week after participating in a peaceful march.
The four were detained for one whole day, then asked to go home, and then placed under house arrest, Singh said.
Senior advocate Mihir Desai, appearing for the petitioner, submitted the affidavits of two other persons whom the police had detained from their house.
The bench noted that while everyone has the right to agitate, credentials of protesters should also be considered.
"Everyone has the right to agitate. But that should be a peaceful agitation. In Maharashtra, we have seen there is huge restraint from the police," the court stated.
However, the credentials of the person participating in such a protest also need to be seen, it said, adding, "They should not have any criminal antecedents. Under the guise of innocent civilians, criminals should not participate."
Meanwhile, two lawyers, appearing for the residents of Shivaji Park in central Mumbai where protests were held last week, submitted their applications, claiming that there is a high court order, which prohibits any such agitation there.
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The court said the petitioners and the government will also have to respond to these complaints.
The bench posted the matter for further hearing on November 19.
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