Bombay HC: Peaceful protest a basic right, but residents' hardship must also be weighed

The Bombay High Court on Monday clarified that peaceful protest is a fundamental right of every citizen. The court also said that before issuing strict directions to stop police action against protesters, the authorities should consider the difficulties faced by local residents and commuters who are inconvenienced by such protests.

The observations came from a bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna during the hearing of a public interest litigation (PIL). The PIL alleges that people who took part in the protests held in Mumbai on October 10 and 11 were unlawfully detained and that the police used excessive force.

The protests were held in solidarity with the agitation against the Special Intensive Revision (SIR) of voter lists in Delhi. The PIL has been filed by advocate Sagar Deore. It says the police detained people who took part in peaceful protests. The petition seeks directions restraining the police from acting against peaceful protesters.

The court stressed during the hearing that protest is the right of every citizen, but that such demonstrations must remain peaceful. It also said that before passing any strict order against police action, the background and credentials of those who took part in the protests should be examined.

The bench further said a peaceful agitation should not become a means of creating a law-and-order situation. According to the bench, the police in Maharashtra have by and large shown restraint.

Advocate Gayatri Singh, appearing for four interveners, told the court that after taking part in a peaceful march, they were allegedly kept in detention for a full day. She claimed they were then placed under house arrest and faced police action whenever protests were held.

Senior advocate Mihir Desai, appearing for other interveners, alleged in an affidavit that the police had picked up two people from their homes. The court took note of these submissions while hearing the allegations of police excess and unlawful detention.

Complaints from residents of the Shivaji Park area also came up during the hearing. They allege that the protests caused hardship to local people. Lawyers appearing for the residents filed separate intervention applications. These claim that the High Court's existing order has barred such protests at that location.

The court directed the Maharashtra government and the original petitioners to respond to these concerns as well. The matter will next be heard on November 19, 2026.