Archive · 21 Jul 2026
Uttarakhand HC Criticizes Police Over Activist's Detention
Prabhat Dhyani, the leader of a political party in Uttarakhand, was stopped by the police while trying to go to Delhi to join a protest.
The police said they stopped him to maintain order, but the court was not convinced.
The court asked the police why they stopped him and said their actions were not following the rules.
The court also said that the police should not stop people from going to protests just because they might join them.
The court asked the police to explain their actions and to follow the rules.
Prabhat Dhyani, president of Uttarakhand Parivartan Party, was detained by Uttarakhand police at Rishikesh Railway Station.
Dhyani intended to join a protest at Jantar Mantar in Delhi on July 20.
His colleagues informed his family about the detention, leading to a habeas corpus petition.
The Uttarakhand High Court questioned the police about the legal basis for the detention.
Dhyani had announced his support for the protest against Dharmendra Pradhan on Facebook.
- Who
- Prabhat Dhyani, president of Uttarakhand Parivartan Party
- What
- Detention of activist by Uttarakhand police
- When
- 5:15 pm on Sunday
- Where
- Rishikesh Railway Station
- Why
- Intention to join protest at Jantar Mantar
State's Defense
Court's Criticism
Legal Basis for Detention
State's Defense
The State argued that Dhyani's detention was legal under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows preventive orders to maintain public order.
Court's Criticism
The court questioned the legal authority under which Dhyani was detained, remarking that the police's conduct amounted to 'gundagardi' (hooliganism) and that the relevant section was not even in force in Uttarakhand at the time.
Jurisdiction of Uttarakhand Police
State's Defense
The State argued that the Uttarakhand Police had the power to detain individuals if information was available about a cognisable offence likely to be committed anywhere in the country.
Court's Criticism
The court questioned the territorial jurisdiction of the Uttarakhand Police to prevent Dhyani from travelling to Delhi, stating that any alleged violation of prohibitory orders would occur in Delhi.
National Security Concerns
State's Defense
The State cited national security concerns as a justification for the detention.
Court's Criticism
The court rejected the national security argument, stating that it should not be used to harass people and that the Constitution guarantees citizens their freedoms under Articles 19 and 21.
- Activist Name
- Prabhat Dhyani
- Party Affiliation
- Uttarakhand Parivartan Party
- Protest Location
- Jantar Mantar, Delhi
- Detention Location
- Rishikesh Railway Station
- Detention Time
- 5:15 pm on Sunday
- Legal Action
- Habeas corpus petition filed
- Protest Date
- July 20
- Targeted Official
- Dharmendra Pradhan
- Legal Basis Cited by State
- Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
- Court's Remarks
- Gundagardi (hooliganism)
Sources
Uttarakhand police detain activist going to Jantar Mantar protest, High Court asks: ‘Under what law?’
Uttarakhand HC Tears Into Police Over Activist's Detention En Route To Delhi Protest, Calls Action 'Gundagardi'
'This is gundagardi': Uttarakhand HC questions detention of UPP leader heading to join CJP protest
