Peaceful protest a fundamental right: Bombay HC

Mumbai: The Bombay High Court has said peaceful protest is a fundamental right but stressed that authorities must consider demonstrators’ credibility, criminal antecedents and the inconvenience caused to the public before issuing orders restricting protests.

A bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna made the observations while hearing a public interest litigation filed by advocate Sawar Devre, challenging alleged police excesses and the detention of people participating in peaceful demonstrations in solidarity with the protests in Delhi.

The petition sought directions to prevent the police from detaining participants in such demonstrations. The court emphasised that protests must remain peaceful and cautioned against people with criminal backgrounds using innocent participants as cover.

The bench also directed the Maharashtra government to respond to petitions alleging illegal detention during a protest against the Chief Election Commissioner in Mumbai.

Advocate Gayatri Singh submitted an application on behalf of four people detained last week while participating in a peaceful march. She told the court that they were held for an entire day, subsequently told to return home and then placed under house arrest.

Senior advocate Mihir Desai, appearing for the petitioner, also submitted affidavits from two other individuals alleging that the police had detained them at their homes.

Separately, two advocates approached the court claiming that protests at Shivaji Park in central Mumbai last week violated a High Court order prohibiting demonstrations at the venue.

The bench said that the petitioners and the Maharashtra government would also have to respond to these allegations.

The case will be heard next on November 19.