HC raps Uttarakhand govt. for stopping activist from leaving State to join Jantar Mantar stir
Uttarakhand High Court questions police action stopping activist from travelling to Delhi for a protest at Jantar Mantar
- The court questioned the legal basis for detaining Prabhat Dhyani while he was travelling to Delhi for a protest.
- The State argued that Delhi prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 required citizens to obey lawful police directions.
- The judges said a person has a right to move anywhere in India and that any breach of Delhi's prohibitory orders would fall within Delhi Police jurisdiction.
What happened
The Uttarakhand High Court criticised the State government after police detained activist Prabhat Dhyani while he was travelling to Delhi to join a protest at Jantar Mantar. The court questioned the legal basis for stopping a citizen from travelling to another State for a protest and directed the responsible police officer to respond before the next hearing.
Background and earlier position
UPSC may ask about the constitutional right to freedom of movement, the scope of preventive or prohibitory orders under criminal procedure law, and the jurisdictional limits of a State police force when an alleged offence may occur in another State. A Mains question can also test the balance between public order, national security claims, and civil liberties.
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