Over 140 Bombay High Court Lawyers Challenge Mumbai Police's Ban on Gatherings, Citing Constitutional Rights

A group of over 140 lawyers practising before the Bombay High Court, including multiple senior advocates, issued a statement on Wednesday criticising the prohibitory orders imposed by Mumbai Police that restrict movement and assembly of five or more persons. The lawyers called on the Police Commissioner to withdraw the orders and cease actions that curtail lawful protests.

The statement, dated July 21, argued that such prohibitory orders under the Maharashtra Police Act, 1951, cannot remain in force for more than 15 days without state government sanction. It noted that consecutive orders from July 7-21 and July 23 to August 6, with only a 24-hour gap, appear designed to circumvent that requirement.

The lawyers also expressed concern over mass detentions and arrests during recent protests. They said constitutional courts have repeatedly held that restrictions on peaceful assembly must be based on recorded facts and be the least restrictive measure. The statement, signed by senior advocates including Janak Dwarkadas, Navroz Seervai, Gayatri Singh, Mihir Desai, Dinyar Madon, Haresh Jagtiani, and advocate Yug Mohit Chaudhry, said the orders lack accountability and create difficulties in obtaining legal redress quickly. 'It ought not to fall on citizens to seek recourse to already overburdened courts,' the statement read.

Senior advocate Dwarkadas said there had been no response to the lawyers' appeal. He described the ban as appearing 'without any justification' and 'un-democratic', reiterating that the right to protest is a constitutional right.

The Bombay Bar Association (BBA) also issued a resolution Wednesday night, stating that in a constitutional democracy, the right to peaceful assembly and dissent is integral under Article 19 of the Constitution. The BBA expressed 'grave concern' over reports of students being subjected to lathi charges and tear gas, calling the use of force against students exercising constitutional rights 'deeply disturbing'. It urged law enforcement to act with restraint and noted that the right to peaceful protest is recognised by the International Covenant on Civil and Political Rights, 1966.

However, the BBA unequivocally condemned acts of violence, vandalism, and destruction of public or private property by protesters, stating that resort to violence 'cannot be justified under any circumstances'. It also deprecated intimidation tactics such as filing FIRs against peaceful protesters. The BBA said the issues raised by students regarding the 'future of education' are of immense public importance and deserve 'meaningful engagement' through 'constructive dialogue' rather than confrontation.

BBA President and Senior Advocate Nitin Thakker said he strongly condemned the use of force against peaceful protests, adding that citizens have a fundamental right to protest. He noted that the Delhi High Court had already issued notices on a related matter, but he was unsure what judicial process Mumbai would follow.