Peaceful protest is fundamental right, but protesters’ credentials must be weighed: Bombay HC

The court was hearing a Public Interest Litigation (PIL) filed by advocate Savar Devre against alleged police brutality and the detention of persons taking out peaceful demonstrations in solidarity with the protests in Delhi. File | Photo Credit: ANI

The Bombay High Court on Monday (October 19, 2026) observed that while peaceful demonstration is a fundamental right, factors like a protester's credentials and public inconvenience must be weighed before issuing blanket orders restricting police action.

A Bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna directed the Maharashtra government to respond to petitions alleging the illegal detention of individuals by the police during the recent anti-Chief Election Commissioner (CEC) protests in the city.