Bombay High Court Orders Maharashtra Response to Illegal Detention Claims

The Bombay High Court has directed the Government of Maharashtra to respond to petitions alleging that Mumbai Police illegally detained individuals during anti-Chief Election Commissioner protests on October 10 and 11. A bench led by Chief Justice Mahesh Chandra Tripathi heard a public interest litigation filed by advocate Savar Devre, as well as affidavits from at least seven individuals claiming they were detained despite not participating in the protests, with some reporting they were taken from their homes.

Maharashtra Advocate General Milind Sathe denied that any illegal detentions occurred at the August Kranti protest site, asserting that police only dispersed crowds that had blocked Nana Chowk without permission. The court ordered the Advocate General to file an affidavit via a senior officer. While the bench acknowledged that peaceful demonstration is a fundamental right, it noted that this must be weighed against public inconvenience and the credentials of the protesters to ensure criminals do not participate under the guise of civilians.

Parallel legal challenges emerged in New Delhi, where Neha Bora, president of the All India Students' Association, petitioned the Delhi High Court to quash a police notice requiring a 10,000 rupee peace bond. Bora was preventively detained on October 16 during a march seeking accountability from Chief Election Commissioner Gyanesh Kumar. The Bombay High Court has scheduled further hearings for November 19.