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By:

Quaid Najmi

4 January 2025 at 8:56:24 pm

HC denies shield to anti-CEC protesters

Court says it will intervene if specific illegalities are brought to its notice Mumbai: The Bombay High Court on Tuesday refused to pass blanket orders against police detentions of people protesting against Chief Election Commissioner Gyanesh Kumar, while assuring that it would take action if specific illegalities are brought before it. The court was hearing a petition filed by advocate Sagar Devre, who alleged that Mumbai police illegally detained hundreds of peaceful demonstrators,...

HC denies shield to anti-CEC protesters

Court says it will intervene if specific illegalities are brought to its notice Mumbai: The Bombay High Court on Tuesday refused to pass blanket orders against police detentions of people protesting against Chief Election Commissioner Gyanesh Kumar, while assuring that it would take action if specific illegalities are brought before it. The court was hearing a petition filed by advocate Sagar Devre, who alleged that Mumbai police illegally detained hundreds of peaceful demonstrators, including women and students, who took out marches in solidarity with agitations in the national capital over the weekend. Advocate Manish Tomar, representing the petitioner, urged the court to issue an interim order restraining the police from making further detentions during peaceful demonstrations. A division bench, however, declined the plea for a general stay on police action.
Court’s Assurance "We cannot pass a blanket order saying no person shall be detained. You point out if there is any such instance, we will take care. We will not permit anything wrong," the court observed. Additional Government Pleader Manish Upadhye sought time to seek instructions from the concerned authorities on the claims made in the petition. Accepting the request, the high court adjourned the matter and posted the plea for further hearing on October 19. Devre's plea sought protection of the fundamental rights of citizens, peaceful demonstrators, lawyers and others in connection with the protests in the national capital against the CEC. Terming it as an issue involving the fundamental right of people, the PIL said it was filed to protect a simple freedom of every Mumbai resident citizens – to walk freely on the city roads, to stand peacefully with others, or to stay in one’s home “without being lifted and carried away” by the police without an individual reason. It mentioned how students were allegedly picked up from their homes in connection with protest cases dating back to July 2026, which the petition said had already been quashed by the Supreme Court. Making it clear that the challenge was not against the police’s legal authority to regulate public assemblies or the political positions taken by protesters, the petitioner claimed it was to question the practice of detaining people without individualised, lawful and recorded reasons, or using previously quashed cases and past detentions against them. Invoking Article 14 of the Constitution, which guarantees equality before the law, the plea argued that coercive action based merely on a person's association, appearance on a list, previous detention or presence in a public place would amount to arbitrary state action. It further contended that a quashed FIR could not be used as a continuing basis for hostile discriminatory treatment as a ‘permanent mark’ against a citizen since "a quashed FIR is no FIR at all”. The PIL seeks the court's declaration as 'unconstitutional' the sweeping detention of peaceful demonstrators, pedestrians and others without lawful individual justification. It seeks an independent inquiry into the alleged police excesses, preservation of CCTV footage, police records, a verified list of the detenus and framing of standard operating procedures to govern policing action during mass-protests. Long detentions The petitioner contended that the detentions went beyond the demonstrators to include bystanders and passers-by, among them women, a mother with a child and a senior citizen. Among those detained included Mahatma Gandhi’s great-grandson Tushar Arun Gandhi, his daughter Kasturi, actor Imran Khan, activists Feroze Mithiborwala, S. L. Guddi, scores of youth and students, though they were released after several hours of detention by various police stations.

Gamble and the Challenge

Writer: Abhijit Joshi
Abhijit Joshi
Nov 17, 2024
2 min read

Updated: Nov 18, 2024

Eknath Shinde

As Maharashtra eagerly anticipates the election results on November 23, one name dominates political discussions: Chief Minister Eknath Shinde. Known for his bold moves, Shinde has reshaped the state’s political dynamics in unprecedented ways. In June 2022, Shinde set the stage for upheaval when he, along with several MLAs, left for Surat, plunging the coalition government into crisis. Just days later, with the BJP’s support, he assumed the role of chief minister, marking a shift no one saw coming.


The Maharashtra Vikas Aghadi, a coalition formed in 2019 by Shiv Sena, Congress, and NCP, had governed Maharashtra until Shinde’s exit. The impact of this political drama on state politics cannot be understated, as Shinde’s departure led to the fall of the MVA government. Over the past two years, Shinde has defied expectations, run a successful government while demonstrating independence from the BJP—a scenario few anticipated. His political acumen has now positioned him as a rising figure in BJP’s inner circle, potentially posing a challenge to BJP stalwart Devendra Fadnavis.


For Shinde, this election marks a crucial turning point. His objective is clear: securing wins for as many of his candidates as possible, solidifying his position in Maharashtra’s political landscape. However, the real test lies beyond the election results. In a political era where party loyalty is fluid, Shinde’s task will be to retain the loyalty of the elected MLAs.


Shinde’s journey from auto-rickshaw driver to prominent Shiv Sena leader has endeared him to the people, especially in Thane. Known for his humble behavior, he has built strong connections across all levels, from party workers to local households. However, this simplicity has led some BJP leaders to underestimate him. Now, even his allies realize that Shinde’s strategic mind and influence extend far beyond appearances.


One of Shinde’s significant achievements has been implementing the ‘Ladki Bahin Yojana,’ an initiative originally from Madhya Pradesh’s BJP government, which gained immense popularity in Maharashtra. This move not only showcases his keen sense of public sentiment but also distances him from his allies by establishing his independent policy-making approach.


Despite his growing influence, Shinde faces a challenge from the grassroots Shiv Sainiks who view him as a “traitor” for breaking with the Uddhav Balasaheb Thackeray (UBT) faction. Recasting the narrative behind his decision to part ways with UBT will be essential if he hopes to gain widespread voter support.


Emphasizing his motivations and successes, particularly with initiatives like the ‘Ladki Bahin Yojana,’ may help him connect with skeptical constituents.


With solid connections at the local level and rapport with senior BJP leaders like Prime Minister Modi and Home Minister Amit Shah, Shinde’s influence is likely to endure. This election will ultimately test Shinde’s leadership, resilience, and ability to navigate Maharashtra’s intricate political landscape. As Maharashtra’s political future hangs in the balance, Shinde stands at the forefront, steering the state’s uncertain course with both determination and ambition.

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