Stories
Protesting is a fundamental right but background check is vital: Bombay High Court
N
News18•19-10-2026, 15:03
Protesting is a fundamental right but background check is vital: Bombay High Court
- •The Bombay High Court stated that peaceful demonstration is a fundamental right of every citizen.
- •The court emphasized that before issuing any stay on police action, the background of protesters and public inconvenience must be considered.
- •A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna directed the Maharashtra government to respond to the petitions.
- •The PIL raised concerns over alleged police brutality and the detention of individuals during protests in Mumbai.
- •The bench noted that criminals should not be allowed to join protests under the guise of innocent citizens and scheduled the next hearing for November 19.
Key Questions Answered
The Bombay High Court stated that while peaceful demonstration is a fundamental right, factors like the protesters' background and public inconvenience must be weighed before issuing a blanket stay on police action. The bench emphasized that criminals should not be permitted to join protests disguised as innocent citizens.
Advocate Sawar Deore filed a Public Interest Litigation alleging that the Mumbai police engaged in brutality and illegally detained individuals who staged a peaceful march in solidarity with demonstrations in Delhi against the Chief Election Commissioner.
The Bombay High Court bench, comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna, scheduled the next hearing of the case for November 19.
