Peaceful protest is a fundamental right but accreditation of protesters must be considered: Bombay HC

The court was hearing a Public Interest Litigation (PIL) filed by advocate Savar Devre against alleged police brutality and detention of persons participating in peaceful demonstrations in solidarity with the Delhi protests. File | Photo credit: ANI

The Bombay High Court on Monday (Oct 19, 2026) observed that while peaceful demonstration is a fundamental right, factors such as protesters’ credentials and public nuisance should be considered before issuing blanket orders restricting police intervention.

A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna ordered the Maharashtra government to respond to petitions alleging illegal detention of individuals by the police during the recent protests against the Chief Election Commissioner (CEC) in the city.

The plea sought a direction to the police not to detain any person participating in such peaceful protests.

Advocate Gayatri Singh on Monday filed an application against four persons who were detained by the police last week after participating in a peaceful march. The four were detained for one full day, then asked to return home and then placed under house arrest, Ms Singh said.

Senior advocate Mihir Desai, appearing for the petitioner, submitted affidavits of two other persons who were detained by the police at their homes.

The bench observed that while everyone has the right to agitate, the credentials of the protesters should also be considered.

“Everyone has the right to agitate. But it should be a peaceful agitation. In Maharashtra, we have witnessed tremendous restraint on the part of the police,” the court said.

However, it also needed to see the credentials of the person participating in such a protest, it said, adding: “They should not have any criminal bias. Under the guise of innocent civilians, criminals should not participate.”

Meanwhile, two lawyers who appeared for residents of Shivaji Park in central Mumbai, where protests were held last week, submitted their pleas, arguing that there was a Supreme Court order barring any such agitations there.

The court said that the petitioners and the government will also have to respond to these complaints.

The Bench posted the matter for further hearing on 19 November 2026.

Published – 19 October 2026 15:15 IST