The Uttarakhand High Court on Tuesday strongly criticised the State government for detaining Uttarakhand Parivartan Party (UPP) chief Prabhat Dhyani after he announced on social media that he intended to join the youth-led protests at Delhi’s Jantar Mantar in support of activist Sonam Wangchuk.
A Division Bench of Justice Ravindra Maithani and Justice Siddhartha Sah questioned the legality of the police action, with Justice Maithani describing it as “gundagardi” (hooliganism). The Court repeatedly asked the State to identify the lawful police direction that Dhyani had allegedly violated to justify his detention.
Dhyani was intercepted at Rishikesh Railway Station on July 19 while travelling to Delhi, shortly after posting on Facebook that he supported Wangchuk, who was then on a hunger strike, and would join the protest. His associate, Lal Mani, subsequently moved the High Court through a habeas corpus petition challenging the legality of the detention.
Although Dhyani was traced to Ramnagar Police Station in Nainital and released within 24 hours, the High Court refused to dispose of the matter, seeking an explanation from the State for the detention itself. The Bench also noted an earlier submission by the State that Dhyani had been released into the custody of his “mother,” a claim that was later clarified by the petitioner’s counsel, who stated that he had in fact been handed over to his wife.
Defending the police action, the State relied on Section 172 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), contending that Dhyani was likely to violate prohibitory orders under Section 163 BNSS in Delhi, which constitutes a cognisable offence.
The Bench, however, questioned how the Uttarakhand Police could exercise preventive powers over a potential offence that, if at all, would fall within the jurisdiction of the Delhi Police.
The State also invoked concerns of national security and the need to protect the government’s image. The Court rejected the argument, observing that constitutional rights under Articles 19 and 21 cannot be curtailed on such vague grounds..
The High Court has now sought a response from the police officer responsible for Dhyani’s detention before adjourning the matter.
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