Bombay High Court asks Maharashtra to answer claims of unlawful protest arrests

Bombay High Court ordered the state government to reply to petitions that allege police illegally detained people during recent anti‑Chief Election Commissioner rallies. The petitions were filed in a public‑interest litigation by advocate Savar Devre, who says the police used excessive force on peaceful demonstrators supporting the Delhi protests. A two‑judge bench headed by the chief justice and joined by Justice Advait Sethna gave the directive. The court stressed that the right to hold a peaceful gathering is guaranteed, but warned that authorities must consider the background of participants and avoid letting individuals with criminal histories join under the pretense of civilian protest. Advocate Gayatri Singh presented a case for four individuals who were taken into custody for an entire day, released, and then placed under house arrest. Senior advocate Mihir Desai submitted affidavits of two more people who were seized from their homes. Separate lawyers representing residents of Shivaji Park argued that a prior high‑court order bans such agitations in that area, and the bench asked both the petitioners and the government to address those claims. The matter was scheduled for a further hearing on 19 November 2026. ## Context The Indian Constitution protects the freedom of assembly, but police are also tasked with maintaining public order. Courts often balance these interests by checking whether protestors have clean records and whether demonstrations cause major disruption.