The Supreme Court on Monday sought a response from the Centre and the Union Territory of Ladakh on a writ petition filed by activist Sonam Wangchuk’s wife, Gitanjali J. Angmo, challengingSonam Wangchuk’s Detention under the National Security Act (NSA) and seeking his immediate release.
A bench of Justices Aravind Kumar and N.V. Anjaria heard the plea but refused to pass any interim order directing authorities to share the grounds of detention with Wangchuk’s wife. The matter has been posted for further hearing on October 14.
“Something has been done for now,” observed the bench during the proceedings.
Background of the Case
Wangchuk, a renowned innovator and environmentalist, was detained under the stringent National Security Act on September 26, two days after violent protests in Ladakh demanding statehood and Sixth Schedule status resulted in four deaths and over 90 injuries.
Authorities have accused Wangchuk of inciting the violence.
Under the NSA, both the Centre and State governments can detain individuals to prevent acts deemed “prejudicial to the defence of India.” The law allows detention without trial for up to 12 months, though it may be revoked earlier. Wangchuk is currently lodged in Jodhpur Jail, Rajasthan.
Arguments Before the Court
Appearing for Wangchuk’s wife, Senior Advocate Kapil Sibal urged the apex court to direct authorities to provide her with the grounds of detention, stating that without them, the order could not be effectively challenged.
In response, Solicitor General Tushar Mehta said that the detention grounds had been served on the detenue himself, adding that there was no legal obligation to share them with his spouse.
“At this stage, we will not say anything,” Justice Kumar remarked, while noting Mehta’s submission that he would consider the feasibility of providing the detention grounds.
Mehta further alleged that the petitioner was attempting to create unnecessary “hype” over claims that Wangchuk was denied medical care and access to his wife.
The Supreme Court directed the authorities to ensure Wangchuk’s medical needs are met as per prison regulations.
Details of the Petition
The habeas corpus petition, filed through Senior Advocate Vivek Tankha and Advocate Sarvam Ritam Khare, sought an order directing the Ladakh administration to produce Wangchuk before the Court forthwith.https://himalayanexpress.in/
Angmo also challenged the invocation of NSA, calling the Sonam Wangchuk’s Detention“illegal, arbitrary, and unconstitutional.”
The plea argues that the detention violates Wangchuk’s fundamental rights under Articles 14, 19, 21, and 22 of the Constitution.
It further seeks directions to the authorities — including the Ministry of Home Affairs, Ladakh UT Administration, Deputy Commissioner of Leh, and Jodhpur Jail Superintendent — to grant her immediate access to her husband, both telephonically and in person
“Wangchuk, an internationally acclaimed innovator, environmentalist, and social reformer, has always espoused Gandhian and peaceful methods to highlight Ladakh’s ecological and democratic concerns,” the plea states.
The Supreme Court will next hear the matter on October 14.