Bombay High Court underlines public order and police restraint in hearing on protest detentions

What the Bombay High Court observed

The Bombay High Court has directed the Maharashtra government to respond to petitions concerning police detentions during recent demonstrations against the Chief Election Commissioner in Mumbai, while observing that public convenience and participant credentials must be considered alongside the right to protest.

A division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna emphasised that while citizens hold a fundamental right to assemble peacefully, courts cannot issue blanket orders restricting police operational decisions without examining the broader context of public order.

The court commended law enforcement in the state, noting that officers have demonstrated notable composure during public gatherings.

"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 bench observed on Monday.

Public safety and credentials under scrutiny

Addressing concerns over law and order during public gatherings, the bench highlighted the necessity of verifying the background of participants to prevent criminal elements from exploiting public demonstrations.

"They should not have any criminal antecedents. Under the guise of innocent civilians, criminals should not participate," the court stated.

The bench was hearing a Public Interest Litigation filed by advocate Savar Devre regarding police actions during demonstrations held in solidarity with protests in Delhi. Representing the petitioner, senior advocate Mihir Desai submitted affidavits from two individuals who stated they were detained at their homes. Advocate Gayatri Singh also presented an application on behalf of four participants who were held for a day following a march, subsequently allowed home, and placed under house arrest.

Resident interests and next steps

The court also took note of applications filed by lawyers representing residents of central Mumbai's Shivaji Park, who pointed out that existing High Court orders prohibit demonstrations at the location to protect local residents from disruption and congestion.

The bench instructed both the petitioners and the Maharashtra government to respond to the issues raised by local residents.

The High Court has scheduled the next hearing for 19 November 2026, when it will review the state's response alongside submissions regarding public order and local resident concerns.