Bombay High Court Seeks State Response On Plea Alleging Illegal Mumbai Police Detentions During Anti-CEC Protests

The Bombay High Court on Monday directed the Maharashtra State to respond to petitions alleging illegal detention of individuals by Mumbai Police during the anti-Chief Election Commissioner (CEC) protests held on October 10 and 11 at two places in the city.

A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna took on record affidavits of at least seven persons who claimed they were illegally detained even though they did not participate in the protests. Some of the deponents stated they were picked up from their homes.

Maharashtra Advocate General Dr Milind Sathe told the bench that “nobody has been illegally detained” at the August Kranti protest site. He submitted that some protestors had blocked Nana Chowk near August Kranti Maidan despite having no permission. Police visited the site and only dispersed the crowd. “As far as August Kranti Maidan site is concerned, no one was detained,” the AG told the court.

Chief Justice Tripathi directed the Advocate General to file an affidavit through a senior officer on the issue.

The Chief Justice observed that the individuals concerned must not have any criminal antecedents and should be peace-loving citizens. “If someone has a track record, that would be a separate issue then,” he said. He further remarked: “Everybody has a right to agitate but that agitation must be peaceful. As far as restraint in Maharashtra is concerned, it is too much… However, if there are instances of unlawful detention, we will obviously take care of it.”