From The Hindu · PTI · · 1m 40s
Bombay HC weighs protest rights against public order
The Bombay High Court says peaceful protest is fundamental, but protesters' criminal records must be checked before police action is restricted.
In brief
The Bombay High Court says peaceful protest is fundamental, but protesters' criminal records must be checked before police action is restricted. The Bombay High Court directed Maharashtra to respond to detention allegations during anti-CEC protests, ruling that while peaceful protest is a fundamental right…
Court hears detention complaints
The Bombay High Court on October nineteen, twenty twenty-six heard a Public Interest Litigation filed by advocate Savar Devre against alleged police brutality during anti-Chief Election Commissioner protests in Mumbai.
Four detained after peaceful march
Advocate Gayatri Singh submitted an application for four persons detained by police after participating in a peaceful march. They were held one day, released, then placed under house arrest.
Bench: protest is fundamental right

A Bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna observed that peaceful demonstration is a fundamental right and that Maharashtra police have shown huge restraint.
“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.”
But credentials must be checked
The court said protesters' credentials should be considered and they should have no criminal antecedents. Under the guise of innocent civilians, criminals should not participate in protests.
“They should not have any criminal antecedents. Under the guise of innocent civilians, criminals should not participate.”
Public inconvenience also matters
The Bench noted that factors like a protester's credentials and public inconvenience must be weighed before issuing blanket orders restricting police action during demonstrations.
Shivaji Park residents object
Two lawyers appearing for residents of Shivaji Park in central Mumbai, where protests were held, submitted applications claiming a High Court order prohibits agitation at that location.
Next hearing set for November
The Bombay High Court directed Maharashtra government to respond to the detention allegations. The Bench posted the matter for further hearing on November nineteen, twenty twenty-six.
The main idea
The Bombay High Court directed Maharashtra to respond to detention allegations during anti-CEC protests, ruling that while peaceful protest is a fundamental right, protesters' credentials and public inconvenience must be weighed.





