'Peaceful Protests Cannot Cause Public Inconvenience': Bombay HC Seeks Reply On Alleged Illegal Detention Of Anti-CEC Protesters In Mumbai

Mumbai: While people have a right to peaceful protest, demonstrations cannot be allowed to cause inconvenience to others, the Bombay High Court observed on Monday as it sought responses to allegations of illegal detention of anti-CEC protesters in Mumbai.

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A bench of Chief Justice MC Tripathi and Justice Advait Sethna also noted that no blanket order can be passed  against alleged police action without checking credentials of those participating in the protest. 

The court has directed the state to file reply to the petition by advocate Sagar Devre and applications alleging police brutality and illegal detention of people participating in demonstrations in Mumbai in solidarity with protests in Delhi against Chief Election Commissioner Gyanesh Kumar.

Intervention applications were filed by local residents through Advocate RV Govilkar and Mihir Govilkar, who claimed to have suffered inconvenience due to the protests. 

Advocate Gayatri Singh, representing four intervenors who were allegedly detained, told the court that people were being picked up, made to spend an entire day at police stations and subsequently placed under house arrest.

Advocate Mihir Desai, appearing for other intervenors, said he had two affidavits detailing incidents in which people were allegedly picked up from their homes. He also cited the case of a woman who was travelling in an Uber when the police allegedly asked the driver to get out and took her to a police station. 

One of the intervenors alleged that his two daughters were detained during the demonstrations.

The bench, however, said the credentials of those claiming to be peaceful protesters would also have to be examined.

“Everyone has a right to agitate. But there should be peaceful agitation,” the Chief Justice observed, adding that the court would not allow a law-and-order situation to be created under the guise of peaceful demonstrations.

The bench also remarked that in Maharashtra, the police have exercised restraint. 

Advocate General Milind Sathe, representing the state, said police had intervened near August Kranti Maidan, a heritage site, after protesters allegedly blocked roads. “They (protesters) had blocked entire roads. Police cleared it. No person was detained,” said Sathe. 

It directed the state and the original petitioners to file their replies within two weeks, with rejoinders to follow within a week thereafter.

The matter will be heard on November 19.

The PIL alleges that Mumbai Police detained around 600 people on October 10 and another 30 on October 11 during demonstrations at Hutatma Chowk and Shivaji Park. Those allegedly detained included passers-by, students, women with children and senior citizens. The petition also claims that a 25-year-old man suffered a panic attack at Tardeo police station and had to be taken to Nair Hospital.

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