Sonam Wangchuk detention: SC asks for Centre’s explanation on preventive detention

New Delhi: The Supreme Court on Monday sought a response from the Centre and the Union Territory of Ladakh on a plea filed by climate activist Sonam Wangchuk’s wife, Gitanjali J Angmo, challenging his detention under the National Security Act (NSA) and seeking his immediate release.

However, a bench of Justices Aravind Kumar and N V Anjaria refused to pass any order on providing the grounds of detention to Wangchuk’s wife, posting the matter for further hearing on October 14.

Why was Wangchuk detained?

Wangchuk was detained under the stringent NSA on September 26, two days after protests demanding statehood and Sixth Schedule status for Ladakh left four people dead and 90 injured in the Union Territory. He is currently lodged in Jodhpur jail in Rajasthan.

Senior advocate Kapil Sibal, appearing for Wangchuk’s wife, requested directions from the apex court that the grounds of detention be served on her. Solicitor General Tushar Mehta submitted that the grounds had been provided to Wangchuk himself.

Mehta added there was no legal requirement for the grounds of detention to be given to the wife. Sibal pressed for an interim order, stating the detention order could not be challenged without a copy. Justice Kumar remarked, “At this stage, we will not say anything.”

The bench, however, noted Mehta’s submission that he would examine the feasibility of supplying the grounds of detention. Mehta accused the petitioner of attempting to create a “hype” and an “emotive issue” over alleged denial of medical relief and meetings with Wangchuk.

What does the plea allege?

In her plea, filed through senior lawyer Vivek Tankha and lawyer Sarvam Ritam Khare, Angmo questioned the decision to invoke the NSA against Wangchuk, which allows detention without trial for up to 12 months. She sought urgent listing of the plea and a direction to the Ladakh administration to “produce Sonam Wangchuk before this court forthwith.”

The plea also requested immediate access to Wangchuk and quashing of the preventive detention order. The petition named the Ministry of Home Affairs, the Ladakh UT administration, deputy commissioner of Leh, and the Jodhpur jail superintendent as parties. It sought directions to allow “immediate access of the petitioner to her husband, both telephonic and in person.”

Allegations of illegal detention and harassment

The plea alleged Wangchuk’s detention was “illegal, arbitrary, and unconstitutional,” violating fundamental rights under Articles 14, 19, 21 and 22 of the Constitution.

“Wangchuk, who has been an internationally acclaimed innovator, environmentalist, and social reformer, has always espoused Gandhian and peaceful methods to highlight the ecological and democratic concerns of Ladakh,” the petition said.

According to the plea, Wangchuk was detained by the deputy commissioner of Leh under Section 3(2) of the NSA while recovering from a prolonged fast advocating constitutional safeguards under the Sixth Schedule. He was swiftly transferred to Jodhpur without medicines, personal belongings, or access to family and counsel.

No grounds of detention have been furnished to Wangchuk or his family to date, the petition stated. Angmo alleged she has been kept under virtual house arrest in Leh, while students and staff of the Himalayan Institute of Alternatives, Ladakh (HIAL), founded by Wangchuk, face harassment and intrusive investigations.

“The arbitrary transfer of Wangchuk to Jodhpur, the harassment of students and staff of HIAL, the virtual house arrest of the petitioner herself, and the false propaganda linking Wangchuk to foreign entities clearly demonstrate mala fide state action intended to suppress democratic dissent and peaceful environmental activism,” the plea said.

Impact on Ladakh community

The petition highlighted the severe mental anguish inflicted on the people of Ladakh, who revere Wangchuk. It cited a recent suicide of a member of the Ladakh Buddhist Association, allegedly depressed over Wangchuk’s detention, as evidence of the psychological impact.

The plea requested that authorities immediately provide Wangchuk with medicines, clothes, food, and other basic necessities, and place before the court the detention order, grounds of detention, and all related records. It also demanded a medical report following doctor consultation and an end to harassment of HIAL members and students “who have done no harm and are tirelessly working for the benefit of the ecology.”