Uttarakhand High Court Seeks Government’s Response After Man Stopped from Joining CJP Protest
Uttarakhand High Court Seeks Government’s Reply Over Man Detained While Travelling to CJP Protest
The Uttarakhand High Court has sought a response from the state government after hearing a petition alleging that a man was unlawfully detained by the police while travelling to Delhi to participate in a CJP protest. The court questioned the legal basis for the detention and raised concerns over possible violations of personal liberty.
Hearing the petition, a division bench comprising Justice Ravindra Maithani and Justice Siddharth Sah asked the government under what offence Prabhat Dhyani, president of the Uttarakhand Parivartan Party, had been taken into custody. The court has scheduled the next hearing for September 16.
Petition Challenges Police Action
According to the petition, Prabhat Dhyani was allegedly removed from a train at Rishikesh Railway Station on the evening of July 19 by Uttarakhand Police and taken to an undisclosed location without following due legal procedure.
After hearing the matter, the High Court directed the state government and other respondents to file their replies within four weeks.
Court Questions Grounds for Detention
During the hearing, the state government informed the court that action had been taken against Dhyani under Section 172 of the Bharatiya Nyaya Sanhita (BNS), claiming that he was travelling to Delhi to participate in the students’ protest and the CJP demonstration.
The government also stated that Delhi Police had issued a communication to all states, asking them to stop individuals travelling to join the protest at their respective state borders.
The bench, however, questioned the legality of the action, asking:
- Under which legal provision was Dhyani removed from the train?
- What offence had he allegedly committed?
- How did the police conclude that he intended to participate in the protest?
- Does such action amount to an infringement of a citizen’s fundamental right to move freely?
Petition Alleges Violation of Fundamental Rights
The petition was filed by Lal Mani, Central Secretary of the Uttarakhand Parivartan Party, after Dhyani was detained while travelling from Rishikesh to Delhi to participate in Sonam Wangchuk’s protest and support students’ demands.
According to the petition, Dhyani had announced on social media that he and other party members were travelling to Delhi to support the student movement and Wangchuk’s protest. Soon after, he was allegedly taken into custody by Uttarakhand Police at the railway station.
The petition further states that Dhyani’s whereabouts remained unknown for several hours, causing distress to his family, and that his mobile phone was seized. It argues that detaining an adult citizen from a railway station without lawful justification amounts to a violation of fundamental rights and calls for accountability on the part of the police.