The Uttarakhand High Court on Monday sharply criticised the state police over the detention of Uttarakhand Parivartan Party president Prabhat Dhyani while he was travelling to New Delhi to participate in activist Sonam Wangchuk’s “Sansad Chalo” march.
Event Context
The HC questioned the legal basis for the action and asked whether the police were protecting the government’s image instead of citizens’ constitutional rights.
A bench of Justices Ravindra Maithani and Siddhartha Saha directed the Uttarakhand government to explain on Tuesday the legal grounds for Dhyani’s detention on July 19. The government informed the court that Dhyani had since been released, news agency PTI reported.
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During the hearing, the bench expressed strong displeasure over the police’s conduct.
“What are you doing in this country? Are you here to protect the image of government or constitutional right of individuals? The way police is behaving is absurd!” the court remarked, Live Law reported.
Questioning the state’s jurisdiction to detain Dhyani, the bench also observed, “Section 144 offence toh wahan (Delhi) commit hoga… what jurisdiction did you have here (Uttarakhand)… This is Gunda Gardi!”
The matter was mentioned before a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia. Seeking urgent listing, counsel for the petitioner submitted that the plea raised serious concerns over the alleged use of excessive force by Delhi Police against protesters participating in the march.
Responding to the request, the bench remarked, “Don’t drag the Court into all this,” but agreed to list the matter for hearing on Wednesday.
Match Outlook
The PIL alleges that the police action against protesters was disproportionate and seeks judicial intervention. The detailed allegations and reliefs sought in the petition are expected to be examined during Wednesday’s hearing.
(With inputs from agencies)
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According to the habeas corpus petition, Dhyani was detained by Ramnagar Police from a general coach at Rishikesh railway station at around 5 pm on July 19 while travelling to Delhi to join the protest rally called by Wangchuk, news agency PTI reported.
The petition alleged that after Dhyani’s detention, the police did not inform his family of his whereabouts, forcing them to search for him through the night. It further claimed that even after confirming he was in police custody, officers initially refused to release him.
Separately, the Delhi High Court on Tuesday agreed to hear on Wednesday a public interest litigation alleging that the Delhi Police used excessive force against protesters during the Parliament March.
