Full Breakdown
Bombay High Court Seeks Maharashtra’s Reply on Alleged Illegal Detentions During Anti-CEC Protests
By Drooid · · How we work
Core Event
A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna heard a public-interest litigation filed by advocate Sagar Kantilal Devre alleging police detained hundreds during demonstrations on October 10-11, 2026, demanding the resignation of Chief Election Commissioner Gyanesh Kumar. The court ordered the Maharashtra government to file an affidavit within ten days and set a further hearing for November 19.
Background & Context
The protests, organised by the Cockroach Janta Party (CJP) under “Lehra Do Tiranga,” called for Kumar’s resignation, the withdrawal of the Special Intensive Revision (SIR) of electoral rolls, and the release of activists detained in New Delhi. Demonstrators gathered at Azad Maidan on October 16, 2026, after earlier rallies at August Kranti Maidan, Nana Chowk, Hutatma Chowk and Shivaji Park. The state granted permission for a day-long rally at Azad Maidan with limits on crowd size and loud-speaker use.
Data & Statistics
- The petition alleges more than 600 people were detained on October 10 and over 300 on October 11.
- Detainees reportedly included actors, social activists, senior citizens, students, a mother with a child, a senior citizen with a pacemaker, and a 22-year-old woman recording the event.
- One detainee is said to have suffered a panic attack while in Tardeo police station.
Official Statements & Responses
The court noted reports of “unlawful detention” and directed the state to respond to all allegations, including claims that police searched homes and detained people who had not taken part in the protests.
Criticism & Opposition
Protesters argue the detentions were indiscriminate and aimed at silencing dissent. The CJP’s senior advocate, Mr. Desai, questioned the legality of holding activists in five-day judicial custody for merely unfurling the national flag. Observers suggest fear of similar treatment contributed to the low turnout at the Azad Maidan rally. Activists contend that the SIR exercise threatens marginalized communities and may be used to implement elements of the National Register of Citizens.
Conflicting Reports & Gaps
While the petition cites “more than 600” and “over 300” detainees, exact figures vary across reports, and independent verification has not been provided. A police affidavit referenced by the court claims no illegal detentions occurred at August Kranti Maidan, contradicting the petition’s allegation that individuals were picked up from their homes.
Timeline
- October 7 – CJP seeks permission for a protest; request later rejected.
- October 9 – District administration cites a police report to deny permission.
- October 10-11 – Protests held; alleged mass detentions occur.
- October 14 – Leave-India notice issued to actor Imran Khan (related to the same protest environment).
- October 16 – “Lehra Do Tiranga” rally at Azad Maidan.
- October 28 – Deadline for Khan’s departure notice.
- November 3 – Hearing on police affidavits concerning Goa-related detentions (contextual).
- November 19 – Next hearing on the anti-CEC detention case.
Verbatim Quotes
- “What was their crime? They only went there and unfurled the National Flag; that’s it. And they are kept in five-day judicial custody, which is completely unacceptable.” — Mr. Desai, senior advocate
- “Democracy will always stand the test of time,” — Aayush Nagrecha, Mumbai resident
What’s Next
The Maharashtra government must submit an affidavit by the court-ordered deadline; the bench will review the response on November 19. The outcome will determine whether the alleged “indiscriminate” detentions are deemed unconstitutional and could shape future policing of public demonstrations in Mumbai.