A Bombay High Court PIL alleges illegal detention of protesters and passersby in Mumbai, and the State sought time after the Court said it could not pass blanket orders for release.
Mumbai: The Bombay High Court on Tuesday took up a public interest litigation alleging preventive detentions and police excesses during demonstrations in Mumbai on October 10 and 11, 2026, with the bench saying it could not pass blanket orders for release and asking the petitioner to bring specific instances on record [Sagar Devre v. State of Maharashtra and Others].
A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna heard the petition filed by Sagar Kantilal Devre, an advocate and social activist. Advocate Manish Tomar appeared for the petitioner and Government Pleader Manish Upadhye appeared for the State. The demonstrations demanded accountability from Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision of electoral rolls. The petition names August Kranti Maidan and Shivaji Park.
What the petition says
The petition alleges that police detained not only protesters but also passersby and pedestrians, without individual, recorded reasons and without any prohibitory orders in force. It seeks a declaration that indiscriminate detention of peaceful demonstrators and others without individual justification is unconstitutional, an independent inquiry into alleged police excesses, preservation of all electronic records, and standard operating procedures for policing protests. The petitioner says he does not dispute the police’s power to regulate public assemblies or the protesters’ political stance. These are the petitioner’s allegations. The police have not been heard on them, and the Court has expressed no view on their merits.
What the Court said
Mr Tomar asked for interim directions to the police to release those detained. The bench declined to pass such an order at this stage.
We cannot pass such blanket orders. Whatever are the instances you bring those on record, we will take care of it.
When the matter was called out, the State said it had just received the petition and sought time for instructions, and the Court deferred the hearing to Monday.
Why the hearing matters
The Court’s request for specific instances reflects the ordinary approach in public interest litigation, where general allegations of illegal detention are tested against particular cases. The State is yet to file its response, and the claims of unlawful detention and the police’s justification will be examined only after both sides are heard.
Case Title: Sagar Devre v. State of Maharashtra and Others (PIL; case number not available)
Bench: Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna, Bombay High Court
Date of Hearing: October 13, 2026; next hearing on Monday
Appearances: Advocate Manish Tomar for the petitioner; Government Pleader Manish Upadhye for the State