Bombay High Court Requests State's Explanation on Alleged Illegal Detentions
The Bombay High Court has called for a response from the Maharashtra government regarding claims of unlawful detentions by Mumbai Police during recent protests.
The court is reviewing petitions alleging illegal detentions during protests on October 10 and 11.
Maharashtra's Advocate General asserted that no illegal detentions occurred at the protest site.
The Chief Justice emphasized the right to peaceful protest and the need to address any unlawful detentions.
The Bombay High Court has instructed the Maharashtra government to provide a response to allegations concerning unlawful detentions by the Mumbai Police during protests against the Chief Election Commissioner (CEC) that took place on October 10 and 11. A division bench, comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna, acknowledged affidavits from several individuals who claimed they were detained without justification, even though they did not participate in the demonstrations. Some of these individuals reported being taken from their homes by police officers.
During the proceedings, Maharashtra Advocate General Dr. Milind Sathe contended that no illegal detentions occurred at the August Kranti protest site. He explained that certain protestors had obstructed Nana Chowk near August Kranti Maidan without the necessary permissions, prompting police action to disperse the crowd. He maintained that the police did not detain anyone at this location, asserting that the situation was managed appropriately.
Chief Justice Tripathi directed the Advocate General to submit a detailed affidavit through a senior officer regarding the matter. He underscored the importance of ensuring that the individuals involved in the protests are peaceful citizens without any criminal backgrounds. The Chief Justice noted that if any individuals had a history of criminal activity, it would be treated as a separate issue.
The court's remarks highlighted the fundamental right to peaceful protest, with Chief Justice Tripathi stating, "Everybody has a right to agitate but that agitation must be peaceful." He further expressed concerns about the extent of restraint exercised in Maharashtra, indicating that it may be excessive. The court made it clear that if there are verified instances of unlawful detention, appropriate measures would be taken to address them.
Looking ahead, the court has set a timeline for the Maharashtra government to respond to the allegations. The outcome of this case could have significant implications for the handling of protests in the state, particularly concerning the rights of citizens to express dissent without fear of unlawful detention.
