Bombay HC Refuses Blanket Protection For Peaceful Protesters, Seeks Details Of Alleged Illegal Detentions

· Free Press Journal

Mumbai, October 13, 2026: While refusing to pass an urgent blanket order against the detention of people participating in protests against Chief Election Commissioner Gyanesh Kumar, the Bombay High Court said it would not allow any wrongdoing.

A bench of Chief Justice MC Tripathi and Justice Advait Sethna was hearing a public interest litigation filed by advocate Sagar Devre, alleging police brutality and illegal detention of people taking out peaceful demonstrations in Mumbai in solidarity with protests in Delhi.

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Seeking interim relief, advocate Manish Tomar, appearing for Devre, urged the court to restrain police from detaining peaceful protesters. The bench, however, said it could not pass a blanket order without specific instances being brought before it.

“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 court said.

Court Seeks Details Of Alleged Detentions

The bench also asked the petitioner to place details of alleged illegal detentions on record. “Whatever illegal detention has been done, bring our report,” the court told the petitioner’s lawyer.

Additional government pleader Manish Upadhye informed the court that he had written to the authorities to seek instructions on the allegations. The court kept the petition for further hearing on October 19.

PIL Alleges Detention Of 630 People

According to the PIL, Mumbai Police detained around 600 people on October 10 and another 30 on October 11 during demonstrations at Hutatma Chowk and Shivaji Park. The detainees were allegedly taken to various police stations, including Gamdevi, Tardeo and Shivaji Park.

The petition claims that those detained included passers-by, women with minor children, students and senior citizens. It also alleges that a 25-year-old man suffered a panic attack at Tardeo police station and had to be taken to Nair Hospital.

Plea Raises Concerns Over FIRs

The plea further alleges that some young people whose names appeared in FIRs related to student protests in July were picked up from their homes despite the Supreme Court having quashed those FIRs on September 1.

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The petitioner has sought directions to prevent arbitrary detention of peaceful protesters, arguing that such actions violate citizens’ fundamental rights, including the right to peaceful assembly and free movement.

The PIL also referred to a Supreme Court order concerning protests in Delhi, which directed that there should be no illegal detention of people participating in peaceful, unarmed assemblies.

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