The Bombay High Court on Tuesday (October 13) declined to issue a general order preventing police from detaining people participating in protests against Chief Election Commissioner (CEC) Gyanesh Kumar. The court, however, made it clear that it would intervene if specific instances of unlawful detention were brought to its notice.
A division bench was hearing a petition filed by advocate Sagar Devre, alleging that Mumbai police had detained hundreds of peaceful protesters during demonstrations held on October 10 and 11 in support of protests taking place in the national capital.
Appearing for the petitioner, advocate Manish Tomar sought interim protection against further police detentions during peaceful demonstrations. The bench declined to impose a blanket restriction on police action, observing that allegations of illegal detention would have to be examined individually.
The court said it could not issue a general direction prohibiting all detentions but assured the petitioner that any specific instance of wrongdoing brought before it would be addressed.
Petition Alleges Detention of Hundreds of Protesters
According to the petition, Mumbai residents organised peaceful marches across the city on October 10 and 11 to express solidarity with demonstrations in Delhi against the Chief Election Commissioner.
Devre alleged that police detained hundreds of participants without justification or legal authority. The petition claimed that those detained included women accompanied by minor children and students.
The petitioner sought judicial protection of the fundamental rights of citizens, lawyers and peaceful demonstrators participating in or supporting the protests.
The plea also urged the court to direct police authorities to refrain from arbitrary and unconstitutional detentions. It maintained that law enforcement agencies must exercise restraint and respect citizens’ right to peaceful assembly.
State Seeks Time to Respond
During the hearing, Additional Government Pleader Manish Upadhye requested time to obtain instructions from the relevant authorities regarding the allegations raised in the petition.
The High Court granted the request and adjourned the proceedings.
The matter will be heard next on October 19, when the court is expected to take up the petition seeking protection against alleged unlawful police detentions.
