The Uttarakhand High Court on Monday strongly criticized the state police over the arrest of Uttarakhand Parivartan Party chief Prabhat Dayani while he was traveling to New Delhi to participate in the ‘Saansad Chalo’ rally organized by activist Sonam Wangchuk.
The SC questioned the legal basis for the measure and questioned whether the police were protecting the government’s image rather than the constitutional rights of citizens.
A bench of Justices Ravindra Maithani and Siddhartha Saha on Tuesday directed the Uttarakhand government to explain the legal reasons for detaining Dayani on July 19, news agency PTI reported. The government informed the court that Diagne has since been released.
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During the hearing, the court expressed its strong dissatisfaction with the behavior of the police.
“What are you doing in this country? Are you here to protect the image of the government or the constitutional right of individuals? The way the police are behaving is ridiculous!” The court noted, Live Law reported.
Questioning the state’s jurisdiction to detain Dhyani, the bench also observed, “Section 144 offense toh wahan (Delhi) commits hoga… What jurisdiction did you have here (Uttarakhand)… This is goonda gardi!”
According to the habeas corpus petition, Ramnagar police arrested Dhyani from a public bus at Rishikesh railway station at around 5 pm on July 19 as he traveled to Delhi to join the protest march called by Wangchuk, news agency PTI reported.
Before leaving for Delhi, Dayani posted on Facebook that the Uttarakhand Parivartan Party supports the ongoing Wangchuk movement seeking reforms in the education system. He said the party would participate in the ‘Sansad Chalo’ march from Jantar Mantar to Parliament on July 20 and demanded the dismissal of Union Education Minister Dharmendra Pradhan.
The petition claimed that after Diagne’s arrest, the police did not inform his family of his whereabouts, forcing them to search for him throughout the night. She further alleged that even after confirming that he was in police custody, the officers initially refused to release him.
Delhi HC hears PIL over alleged excessive force of Delhi Police
Separately, the Delhi High Court on Tuesday agreed to hear on Wednesday a public interest litigation alleging that Delhi Police used excessive force against protesters during the Parliament march.
The matter was mentioned before a division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia. Seeking an urgent listing, the petitioner’s counsel submitted that the petition raises serious concerns about the alleged use of excessive force by the Delhi Police against the protesters participating in the march.
In response to the request, the bench said: “Do not drag the court into all this,” but agreed to list the matter for hearing on Wednesday.
The PIL claims that police actions against protesters were disproportionate and calls for judicial intervention. The detailed allegations and relief sought in the petition are expected to be examined during Wednesday’s hearing.
(With inputs from agencies)
