Mumbai: The Bombay high court on Tuesday said that it cannot pass a blanket order against police detaining people protesting against Chief Election Commissioner Gyanesh Kumar, but assured that it would take action if specific cases highlighting highhandedness are produced.
The HC was hearing a PIL that alleged police excesses during demonstrations in Mumbai on Oct 10 and 11, 2026 over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls. The HC accepted the state AGP’s request and posted the plea for further hearing on Oct 19. Advocate Manish Tomar, representing the petitioner, sought interim order to restrain Mumbai police from making any further detentions during peaceful demonstrations and the ones detained be released.
The HC said, “We cannot pass a blanket order saying no person shall be detained. The public interest litigation (PIL) “seeks to ensure that police action remains within the bounds of law and that the fundamental rights of citizens are protected,” Devre said. “Law enforcement agencies must exercise utmost restraint and the right to peaceful assembly must be respected,” his plea said. Additional government pleader Manish Upadhye sought time to seek instructions from the concerned authorities on the claims made in the petition, as he said the petition was served on him only in the morning. The PIL said it seeks protection of fundamental rights of citizens to showcase peaceful demonstrations in connection with the protests in Delhi against the CEC and directions to the police to prevent “arbitrary and unconstitutional detention of peaceful protesters.”
Advocate Sagar Devre, petitioner who had moved the court, alleged that Mumbai police illegally detained hundreds of peaceful demonstrators, including women, passersby and students, in their protest to show solidarity with the Delhi agitations last weekend. You point out if there is any such instance, we will take care. We will not permit anything wrong,” the court observed orally at the brief hearing.
The matter was mentioned by the petitioner in the morning before the bench, which posted it for hearing in the post-lunch session. A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna said they would hear the petition on Monday.