The Uttarakhand High Court has sought an explanation from the State Police regarding the detention of Uttarakhand Parivartan Party (UPP) president Prabhat Dhyani, who was allegedly stopped while travelling to Delhi to participate in a Parliament march organised by the Cockroach Janta Party (CJP).
A Division Bench comprising Justice Ravindra Maithani and Justice Siddhartha Sah was hearing a habeas corpus petition filed by Lal Mani, secretary of the UPP, seeking Dhyani’s production before the Court.
According to the petition, Dhyani had announced on social media that he would participate in the march at Jantar Mantar on July 20 in support of students protesting the alleged NEET question paper leak and in solidarity with activist Sonam Wangchuk and the CJP.
The petition alleged that Dhyani was detained by unidentified police personnel at Rishikesh railway station on July 19 after he boarded a train for New Delhi. It was further alleged that his whereabouts and the legal basis for his detention were not disclosed to his colleagues or family members.
During the hearing, counsel for the petitioner submitted that Dhyani had allegedly been detained successively by personnel associated with the Railway Police, Rishikesh Police and Ramnagar Police. The petitioner questioned the authority under which the politician had been taken into custody.
The State initially sought time to place on record the documents explaining the circumstances surrounding the detention. However, during the proceedings, the State informed the Court that Dhyani had been released and handed over to his mother, Uma Dhyani.
The Court subsequently sought an explanation as to why an adult individual, after being released, was handed over to his mother rather than being allowed to leave independently.
The proceedings arose from concerns regarding the legality of Dhyani’s detention and the absence of clarity regarding the statutory authority under which he had allegedly been taken into custody. The Court’s intervention came after the habeas corpus petition sought judicial scrutiny of the circumstances surrounding his detention and his subsequent release.
The matter highlights the constitutional safeguards governing personal liberty and the requirement that any deprivation of liberty by State authorities must have a clear legal basis.
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