The Bombay High Court on Monday said peaceful demonstration is a fundamental right, but a protester's credentials and the inconvenience caused to the public must also be considered before blanket orders restraining police action are passed.

A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna was hearing a public interest litigation filed by advocate Savar Devre, which alleges — as an allegation yet to be decided — that police illegally detained and mistreated people during recent protests in Mumbai held in solidarity with the anti-Chief Election Commissioner protests in Delhi. The petition sought directions restraining police from detaining anyone taking part in peaceful protests.

Advocate Gayatri Singh told the court that four people detained after a peaceful march last week were held for an entire day, sent home, and then placed under house arrest. Senior advocate Mihir Desai, for the petitioner, submitted affidavits from two other people who said police detained them from their homes.

"Everyone has the right to agitate. But that should be a peaceful agitation. In Maharashtra, we have seen there is huge restraint from the police," the bench said, adding that protesters should not have criminal antecedents: "Under the guise of innocent civilians, criminals should not participate."

Lawyers for residents of Shivaji Park, where protests were held last week, also moved applications claiming an existing High Court order prohibits agitation there. The court directed the Maharashtra government to respond to the petitions and posted the matter for further hearing on November 19, 2026.

Sources: PTI via The Hindu; Bar and Bench.