Uttarakhand HC pulls up police for stopping activist headed to CJP protest

Dehradun: The Uttarakhand High Court on Tuesday came down heavily on the state police for detaining political activist Prabhat Dhyani while he was travelling to Delhi to take part in a CJP protest over the alleged NEET paper leak.

A division bench of Justice Ravindra Maithani and Justice Siddharth Sah questioned the legality of the police action while hearing a habeas corpus petition linked to Dhyani’s detention. The judges asked whether the police were acting to protect citizens’ constitutional rights or merely to shield the government’s image.

Dhyani, 62, who is president of the Uttarakhand Parivartan Party, was stopped at Rishikesh railway station on Sunday while boarding a train to Delhi. He was reportedly on his way to join the CJP protest in support of students agitating over alleged irregularities in the NEET examination system.

The state informed the court that Dhyani had been released within 24 hours. But the bench questioned why he was prevented from travelling at all, stressing that every citizen has the right to move freely across the country.

“Everyone has the right to move anywhere in the country. Who are you to stop them?” the court asked.

When the state argued that Dhyani was going to attend a protest, the bench asked whether joining a demonstration could be treated as a cognisable offence. It also sought to know under what legal authority he was removed from the train and detained.

The government first cited Section 163 of the Bharatiya Nagarik Suraksha Sanhita, but the court noted that the prohibitory order had been issued by the Delhi Police and questioned why Uttarakhand Police acted on it before Dhyani even reached the capital.

The state later referred to Section 172 of the BNSS, but the court asked what specific lawful direction had been issued to Dhyani and whether there was any material to justify the detention.

The bench also took note of a police diary entry that reportedly said Dhyani’s participation in the protest could harm the government’s image.

“Are you here to protect the government’s image or safeguard the constitutional rights of citizens?” the court asked, adding that authorities cannot harass people in the name of national security or image management.

The High Court directed that the police officer who detained Dhyani be made a party to the case. It also issued notices to the DGP, the SSPs of Dehradun and Nainital, the concerned SHO and the Government Railway Police.

The matter will come up again on September 16.