Right to peaceful protest, but must weigh antecedents: Bombay HC

Right to peaceful protest, but must weigh antecedents: Bombay HC

The petition raised questions concerning personal liberty, the constitutional right to peaceful protest and the legality of police action

Mumbai: The Bombay High Court on Monday sought the Maharashtra govt’s response to a petition alleging illegal detentions by Mumbai police of protesters during the anti-CEC protests held in Mumbai on Oct 10 and 11, 2026.

The state said there were no illegal detentions. In Maharashtra, we have seen that there is huge restraint from the police,” the court said. She said they were detained the entire day, sent home only to be placed under house arrest.

The HC bench orally observed that “peaceful demonstrations are a fundamental right, but a protester’s credentials and inconvenience to the public must be considered before blanket orders restricting police action are attracted. “Everyone has the right to agitate. But that should be a peaceful agitation. The court added, “Under the guise of innocent civilians, criminals should not participate. The Court took on record affidavits from at least seven individuals who alleged that they were illegally detained by the Mumbai Police. Some claimed that they were picked up from their homes despite not participating in the protests. The petition filed in the public interest by advocate Sagar Devre and argued by senior counsel Mihir Desai raised questions concerning personal liberty, the constitutional right to peaceful protest and the legality of police action.

Senior counsel Gayatri Singh for the interveners also submitted an application on Monday on behalf of four people who said they were detained by the police last week after taking part in a peaceful march.

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