A bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna directed the Maharashtra government to respond to the petitions, which raised allegations of police action against people participating in peaceful demonstrations held in solidarity with protests in Delhi.
The court was hearing a public interest litigation (PIL) filed by advocate Savar Devre, who alleged police brutality and the detention of individuals participating in the demonstrations. The petition sought directions to the police not to detain anyone taking part in peaceful protests.
During the hearing, the bench reiterated that everyone had the right to protest, provided the demonstrations remained peaceful. However, it stressed that the credentials of those participating in such agitations also needed to be examined.
"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 observed, according to the PTI.
The court also said protesters should not have criminal antecedents, adding that people with criminal backgrounds should not participate in demonstrations under the guise of being innocent civilians.
Advocate Gayatri Singh subsequently submitted an application on behalf of four people who were allegedly detained by the police last week after participating in a peaceful march.
Singh told the court that the four individuals had been detained for an entire day, after which they were asked to return home and subsequently placed under house arrest.
Senior advocate Mihir Desai, appearing for the petitioner, also submitted affidavits from two other individuals who alleged that the police had detained them from their homes, according to the PTI.
The petitioners raised concerns over police action against people participating in the demonstrations and sought judicial directions to prevent the detention of individuals taking part in peaceful protests.
Meanwhile, the hearing also addressed objections to demonstrations held at Shivaji Park in central Mumbai last week. Two lawyers representing residents of the area submitted applications opposing the protests, arguing that an existing Bombay High Court order prohibited such agitations at the location.
The bench said the petitioners and the Maharashtra government would also have to respond to these complaints.
The court has scheduled the matter for further hearing on November 19. The proceedings will address allegations of detention and house arrest alongside objections concerning demonstrations at Shivaji Park, while the court considers the right to peaceful protest and the concerns raised over police action and public inconvenience.
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