The Bombay High Court has affirmed that peaceful protest is a fundamental right while observing that the credentials of participants must be considered, cautioning that "criminals should not participate" under the guise of civilians, according to reporting by The Hindu — National.
The observations came as the court directed the Maharashtra state government to file a formal response to petitions alleging the illegal detention of demonstrators during anti-CEC demonstrations.
Scrutiny of Protester Credentials
While addressing the matter, the court underlined the constitutional protection afforded to peaceful assembly. However, the bench made clear that authorities and judicial review must weigh the backgrounds of those taking part in public demonstrations to prevent misuse.
The court specifically cautioned against individuals with criminal backgrounds mingling with civilian groups, observing that individuals with records must not use public protests as cover under the pretense of ordinary citizens exercising democratic rights.
State Directed to Respond on Detentions
The legal proceedings stem from allegations that law enforcement unlawfully detained individuals participating in demonstrations against the Chief Election Commissioner. Petitioners approached the High Court seeking accountability and relief over the police action.
In response to the filings, the High Court instructed the Maharashtra government to answer the claims raised in the petitions. The state's forthcoming response is expected to address the circumstances surrounding the police detentions, the basis on which demonstrators were held, and whether statutory procedures were followed during the handling of the anti-CEC protests.
