Uttarakhand High Court Questions Detention of Activist Heading to CJP Protest, Labels It 'Hooliganism'
The Uttarakhand High Court on Tuesday criticised the state government for detaining political activist Prabhat Dhyani, who was on his way to Delhi to participate in a protest called by the Cockroach Janta Party (CJP). The court described the action as 'gundagardi' (hooliganism) and questioned the legal basis for preventing him from travelling to another state.
A division bench of Justices Ravindra Maithani and Siddhartha Sah was hearing a petition challenging Mr. Dhyani's detention. The court asked what lawful direction the activist had allegedly violated, noting that citizens have a fundamental right to move freely anywhere in the country.
Mr. Dhyani, who leads the Uttarakhand Parivartan Party, was detained from Rishikesh railway station on July 19 after he posted on Facebook expressing support for climate activist Sonam Wangchuk, who was on a hunger strike at Jantar Mantar. He stated his intention to join the CJP-led protest in Delhi.
Defending the detention, state counsel cited prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) imposed in Delhi, arguing that citizens must obey lawful police directions and that violating the orders could be a cognisable offence. The counsel also raised concerns of national security.
The bench, however, questioned why the Uttarakhand Police had sought to prevent a person from travelling to another state. 'I have a right to move anywhere in the country. Who are you to stop me?' Justice Maithani observed. He added that any alleged violation of prohibitory orders in Delhi would fall under the jurisdiction of the Delhi Police, not the Uttarakhand Police.
The court then directed the police officer responsible for Mr. Dhyani's detention to file a response before the next hearing, scheduled after four weeks. Although Mr. Dhyani was released within 24 hours and traced to Ramnagar police station in Nainital district, his associate Lal Mani moved the High Court challenging the detention through advocate Snigdha Tiwari.
The CJP protest at Jantar Mantar has drawn attention to various issues, including climate action and civil liberties. The court's strong remarks highlight concerns over preventive detentions and the right to peaceful protest.
