The Bombay High Court has sought the Maharashtra government’s response to allegations that Mumbai Police illegally detained protesters during anti-CEC demonstrations held in the city on October 10 and 11, 2026. The court said peaceful demonstrations are a fundamental right, while also observing that the background of participants and inconvenience caused to the public must be considered before blanket restrictions on police action are applied.
The state government told the court that there had been no illegal detentions. The bench, however, took on record affidavits from at least seven people who alleged that they were detained by Mumbai Police. Some of them claimed they were picked up from their homes despite not participating in the protests.
The public interest petition was filed by advocate Sagar Devre and argued by senior counsel Mihir Desai. The petition raises questions about personal liberty, the constitutional protection for peaceful protest and the legality of police action. Desai told the court that the proceedings were intended to ensure accountability and protect rights guaranteed by the Constitution.
During the hearing, the bench said that everyone has the right to agitate, but that such agitation must remain peaceful. The court also said that, in Maharashtra, police had shown considerable restraint. At the same time, it observed that people involved in criminal activity should not participate under the guise of being innocent civilians.
The proceedings also brought complaints from people who took part in a march and residents of Shivaji Park, where demonstrations were held. Senior counsel Gayatri Singh submitted an application on behalf of four people who said they had been detained for an entire day after participating in what they described as a peaceful march. They alleged that they were sent home and subsequently placed under house arrest.
Two lawyers representing Shivaji Park residents also filed applications before the court. The residents claimed that a previous High Court order prohibited demonstrations at the venue. Their intervention places the dispute within a wider civic question involving the use of a public space, residents’ concerns and restrictions on assemblies.
The court said that the petitioners and the state government would have to respond to the complaints raised during the hearing. The case therefore brings together competing claims concerning the right to peaceful protest, police powers, personal liberty, public inconvenience and compliance with court directions governing demonstrations in Mumbai.
The Bombay High Court has scheduled the next hearing for November 19. The responses from the petitioners and the Maharashtra government are expected to shape the court’s consideration of the allegations and the legality of the police action described in the affidavits.
