Petitioners’ Allegations
The petitioner alleged that police detained individuals participating in peaceful demonstrations, with some reportedly picked up from their homes. The petition sought protection against unlawful detention of citizens participating in peaceful assemblies.
State Government’s Response
Advocate General Dr. Milind Sathe denied allegations of illegal detention at August Kranti Maidan. He submitted that protesters had blocked Nana Chowk without the required permission and that police had dispersed the crowd.
Court’s Observations
The Bench reiterated that peaceful protest is protected under Articles 19(1)(a) and 19(1)(b) of the Constitution. However, these rights are subject to reasonable restrictions, including those imposed in the interests of public order. The Court also considered concerns regarding public inconvenience caused by demonstrations.
Legal Provisions Involved
- Article 19(1)(a): Freedom of speech and expression.
- Article 19(1)(b): Right to assemble peacefully and without arms.
- Articles 19(2) and 19(3): Constitutional grounds for reasonable restrictions on these freedoms.
Next Hearing
The matter is listed for 19 November 2026, when the Court is expected to consider the State’s response and the allegations raised in the petition.
Significance
The proceedings highlight the need to balance citizens’ fundamental right to peaceful protest with public order and lawful police action. The allegations remain subject to judicial examination, and the Court has not yet delivered a final ruling on the merits.