Bombay High Court Orders Release of Six Goa Activists Detained

The Bombay High Court directed the immediate release of six activists detained by Goa Police during a demonstration in Panaji on 8 October 2023. The court convened a special late-evening hearing and addressed an urgent habeas corpus petition filed by advocate Melisa Simoes. A division bench comprising Justice Valmiki Menezes and Justice Amit Jamsandekar held the hearing between 7:30 p.m. and 8:45 p.m., with court staff present.

The activists, from the Cockroach Janta Party, were demanding the resignation of Chief Election Commissioner Gyanesh Kumar. They included hotelier Jack Sukhija, along with activists Amreen Shaikh, Aditya Parulekar, and Bhupesh Bin. According to reports, the public prosecutor assured the court that the detainees would be released without delay. The court has scheduled further consideration of the case for 9 October 2023.

Advocate Norma Alvares, representing the petitioners, submitted an undertaking stating that the activists would refrain from demonstrating or returning to Azad Maidan that evening, pending the court’s proceedings on Monday. The judges instructed the inspectors in charge of the Panaji and Pernem police stations to submit affidavits detailing the reasons for the detentions and the justification for disallowing the peaceful demonstration.

Reports indicated that two of the detained activists sustained injuries during their custody. Following his release, Sukhija stated that their detention occurred during a non-violent protest, violating Supreme Court rulings that protect the right to peaceful assembly. He noted that the group was initially detained in Panaji, transferred to the Pernem police station, had their mobile phones confiscated, and were not allowed to contact anyone while in custody.

The demonstration aimed to address what the Cockroach Janta Party called the misuse of authority by the Election Commission. Prior to the event, the party had submitted a formal request to the district administration on 7 October to gather at Azad Maidan, which was denied on 9 October. Law enforcement began detaining demonstrators before the planned gathering could commence, blocking access to the venue, which included former Allahabad High Court Chief Justice Ferdin Rebello.

Rebello criticized the police restrictions, emphasizing that entering Azad Maidan was not a criminal act. He stated that earlier generations fought for Goa’s liberation, and the current demonstration aimed to address the overreach of authority by the Election Commission.