The Bombay High Court on Monday observed that peaceful demonstrations are a fundamental right, but the credentials of protesters and the inconvenience caused to the public must also be considered before issuing blanket directions restricting police action, reported the PTI.
A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna directed the Maharashtra government to respond to petitions alleging illegal detention of people during recent protests against Chief Election Commissioner (CEC) Gyanesh Kumar in Mumbai, the news agency reported.
The court was hearing a public interest litigation (PIL) 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 to the police not to detain anyone participating in peaceful protests.
During the hearing, the bench observed that everyone had the right to protest, provided the demonstrations remained peaceful. However, it said the credentials of those participating in such agitations also needed to be examined.
“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, according to the PTI.
The court added that protesters should not have criminal antecedents, stating that people with criminal backgrounds should not participate in protests under the guise of being innocent civilians.
Petitioners allege detention and house arrest
Advocate Gayatri Singh submitted an application on behalf of four people who were allegedly detained by the police last week after participating in a peaceful march.
Singh told the court that the four individuals had been detained for an entire day, subsequently asked to return home and then placed under house arrest.
Senior advocate Mihir Desai, appearing for the petitioner, also submitted affidavits from two other people who alleged that the police had detained them from their homes, as per the PTI.
The petitioners have raised concerns over police action against people participating in demonstrations.
Residents raise objections to Shivaji Park protests
Meanwhile, two lawyers representing residents of Shivaji Park in central Mumbai submitted applications opposing the demonstrations held there last week, the news agency reported.
They told the court that an existing High Court order prohibited such agitations at the location.
The bench said the petitioners and the Maharashtra government would also have to respond to these complaints.
The court scheduled the matter for further hearing on November 19.
(with PTI inputs)
