Bombay High Court Seeks Maharashtra's Reply on Plea Against Mass Detentions During Anti-CEC Protests
The Bombay High Court on Monday asked the Maharashtra government to file its response to a plea challenging police detentions during recent demonstrations against Chief Election Commissioner Gyanesh Kumar. A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait M Sethna also observed that while citizens have the right to agitate, such protests must be peaceful.
The court was hearing a public interest litigation (PIL) filed by a Mumbai-based lawyer, registered as Sagar Devre v. State of Maharashtra & Ors. The plea alleged police excesses during demonstrations in Mumbai on October 10 and 11. The protests took place last week at August Kranti Maidan and Shivaji Park.
The petitioner sought a direction to declare the indiscriminate detention of peaceful demonstrators, pedestrians and other individuals as unconstitutional. The plea also asked for an independent inquiry into police excesses, preservation of all electronic records, and the framing of standard operating procedures for policing protests.
Senior Advocates Gayatri Singh and Mihir Desai, appearing for the petitioner and other protesters, submitted that citizens and bystanders were illegally detained without charges and kept at police stations all day before being released. Advocate General Milind Sathe countered that no unlawful detentions had occurred. He said police had asked organisers to move to Azad Maidan because August Kranti Maidan is a heritage site. When protesters blocked a busy junction, the police cleared the area, recorded their details at the station and released them. Lawyers representing local residents also sought to intervene in the petition, claiming they were severely inconvenienced by the unauthorised rallies.
The bench said, “Everybody has a right to agitate, but it has to be peaceful agitation. Bring the facts on record. With the affidavits cited before us, we will also examine if, under the guise of peaceful demonstrations, unwanted elements were added.” The court added that the credentials of individuals must be scrutinised to ensure they are peace-loving citizens without criminal antecedents.
The petition has been posted for hearing on November 19.
Source: Barandbench