Court Rules Against Preventive Detention of Political Protester

The Aurangabad bench of the Bombay High Court ruled that placing a person under preventive detention for attending a political rally that turned violent violates fundamental rights. The bench emphasized that restricting individual liberty requires significant justification and following due legal procedures, which were not upheld in this case.

The Aurangabad bench of the Bombay High Court has deemed preventive detention of an individual for merely attending a political rally that turned violent as a violation of fundamental rights. The court highlighted that depriving anyone of their liberty cannot be justified without adhering to established legal procedures.

A division bench consisting of Justices Vibha Kankanwadi and Rohit Joshi annulled the orders of a magistrate court and the state government which led to the detention of a 20-year-old student, Nikhil Ranjwan, based on his participation in a protest advocating for Maratha reservation in 2023.

The bench criticized the use of preventive detention, noting that it was a disproportionate response to the actions of someone participating in a political protest, especially when due process of law was not followed, thereby violating the fundamental rights guaranteed under the Indian Constitution.