Bombay High Court Sets Parameters for Police Conduct During CEC Protests

The Bombay High Court addressed a petition on Tuesday, October 13, 2026, regarding the conduct of the Mumbai Police during recent demonstrations against the Chief Election Commissioner (CEC), Gyanesh Kumar. A Division Bench, led by Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna, observed that while police must maintain order, the judiciary would not permit any detentions that fail to adhere to the requirements of the law.The legal proceedings stem from protests that occurred in Mumbai on October 10 and 11, 2026. According to the petition filed by Sagar Kantilal Devre, the police reportedly detained approximately 600 individuals on October 10 and another 300 on the following day. The petition alleges that these actions included the detention of passers-by, women, and a mother with a child, raising concerns about the scope and necessity of the police response.Furthermore, the petition highlights claims that law enforcement officers allegedly apprehended individuals from their private residences. These detentions were reportedly linked to FIRs concerning protests that took place in July 2026, which the Supreme Court had subsequently quashed. The petitioner contends that these actions were unwarranted and has called for a formal inquiry into the use of force, alongside the preservation of all relevant CCTV footage and official police records associated with the incidents.Responding to the plea, Chief Justice Tripathi stated that the court intends to address the grievances but maintained that it would not issue a blanket prohibition against all police detentions. “We cannot say no detention at all... But each example needs to be brought on record,” the Chief Justice remarked. The court directed the petitioner to compile and document specific instances of alleged wrongful detentions to facilitate a thorough review.During the hearing, the counsel representing the State requested additional time to prepare, noting that they had only recently received a copy of the petition. In response, the court granted the request and adjourned the matter until October 19, 2026. The bench emphasised that the administration of justice requires precise information rather than generalized complaints, and requested that the state come prepared to address the specific allegations brought forward by the petitioner.The issue has gained significant attention given the backdrop of civil unrest and the ongoing discourse surrounding the actions of the Election Commission of India. The court’s insistence on documented proof underscores its commitment to ensuring that law enforcement agencies operate strictly within the bounds of legal procedure. By requesting the preservation of records and CCTV evidence, the bench has signalled its intent to scrutinize whether the power to detain was exercised with due diligence or if there was an overreach of authority.As the case progresses towards the next hearing date, observers are looking to see how the State will reconcile its security measures with the protections afforded to citizens under the law. For now, the proceedings remain centered on the documentation of the events of October 10 and 11, ensuring that any subsequent judicial intervention is based on verified facts rather than allegations. The outcome of the October 19 session is expected to provide further clarity on how the court intends to proceed with the petition and whether any further directives will be issued to the Mumbai Police regarding their handling of public protests.