Bombay HC seeks state reply on detentions

Mumbai's Bombay High Court has requested the Maharashtra government's response regarding detentions during recent anti-Chief Election Commissioner protests in the city. A bench led by Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna directed the state to address petitions claiming illegal police detentions during the demonstrations.

The court heard a public interest litigation filed by advocate Savar Devre against alleged police brutality and detention of peaceful protestors who were participating in solidarity with protests in Delhi. The petitioner sought a directive for the police not to detain any individual taking part in the peaceful protests.

Advocate Gayatri Singh submitted an application from four persons who were detained by the police after participating in a peaceful march last week. They were held for a full day, released to go home, and subsequently placed under house arrest. Senior advocate Mihir Desai, representing the petitioners, presented affidavits from two other individuals detained by the police from their homes.

While emphasizing that peaceful demonstration is a fundamental right, the court noted that factors such as the credentials of the protestors and public inconvenience should be considered before issuing blanket orders restricting police action. The bench stated that criminals should not disguise themselves as innocent civilians to participate in protests.

Two lawyers representing residents of Shivaji Park, central Mumbai, where protests occurred last week, filed applications claiming a high court order prohibiting such agitation in the area. The court has posted the matter for further hearing on November 19.