The Bombay High Court on Monday asked the state government what was wrong if anyone wanted to demonstrate against an American dignitary. The order came on a petition by activists who had been detained for fear they would demonstrate against Hillary Clinton during her recent visit to Mumbai.

“Don’t harass our citizens,” a Division Bench of Justice Bilal Nazki and Justice A R Joshi told the state. “If an American minister or head of state faces a demonstration in Mumbai, what is wrong about it?” Justice Nazki added.

The petition had been filed by activists Feroze Mithiboriwala of Awami Bharat and Aslam Gazi of Jamat-e-Islam. The court asked the state to detail the grounds for their detention. It adjourned the hearing till Tuesday after additional public prosecutor Dinesh Adsule sought a day’s time to file an affidavit.

The activists had been detained under Section 151 of CrPC, with the police citing a potential threat. Section 151 states that the officer should know of a design to commit some offence. Justice Nazki felt that there was a need to go further into the interpretation of the section and appointed advocate N N Gawankar as amicus curie.

The judge said if the court accepts the interpretation made by the police then they can detain anybody. “You can take us also,” Justice Nazki said.