Bombay High Court declines blanket restraining order against police detentions during protests

MUMBAI —

The Bombay High Court on Tuesday declined to issue a blanket restraining order against police detentions during demonstrations opposing Chief Election Commissioner Gyanesh Kumar, stating it would instead examine specific instances of illegal action.

A division bench heard a petition filed by advocate Sagar Devre, which alleged that Mumbai Police unlawfully detained hundreds of peaceful protesters—including women, students and lawyers—who held solidarity marches over the weekend in response to agitations in the national capital. Advocate Manish Tomar, representing the petitioner, pressed for an interim order to prevent further detentions during peaceful demonstrations.

The court, however, turned down the plea for a general stay on law enforcement action. “We cannot pass a blanket order saying no person shall be detained. You point out if there is any such instance, we will take care. We will not permit anything wrong,” the bench observed.

Additional Government Pleader Manish Upadhye requested time from the bench to obtain instructions from relevant authorities regarding the allegations made in the petition. Accepting the request, the court adjourned the proceedings and scheduled the next hearing for October 19.

The underlying petition argued that citizens took out peaceful walks across Mumbai on October 10 and 11 in solidarity with demonstrations in Delhi against the CEC. The plea stated that police acted without authority by detaining hundreds of individuals, including students and women accompanied by minor children, and asserted that law enforcement must exercise restraint to protect the constitutional right to peaceful assembly. The petition sought formal directives to prevent arbitrary and unconstitutional detentions by police.