THE SUPREME COURT ON MONDAY issued notice to the Union, the Union Territory of Ladakh, and the Superintendent of Police, Jodhpur Central Jail, on a petition filed by Gitanjali Angmo – wife of environmentalist Sonam Wangchuk - challenging his detention under the National Security Act (‘NSA’) and seeking his release.
Issuing notice, a bench of Justices Aravind Kumar and N.V. Anjaria directed the governments to respond and posted the matter for further hearing on October 14.
Senior Advocate Kapil Sibal, appearing for Angmo, argued that the detention was illegal under Article 22 of the Constitution as the grounds of detention had not been furnished to the family. “The grounds of detention have not been supplied to them and should be served on her,” Sibal argued, adding that without access to the grounds of detention order, the same could not be challenged.
Article 22 of the Constitution that provides for ‘Protection against arrest and detention in certain cases’ says, “No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.”
Representing the government, Solicitor General Tushar Mehta argued that the grounds had already been communicated to the detenue himself, adding, “There is no legal requirement for the grounds of detention to be communicated to the wife.” However, Mehta said he would examine the feasibility of providing a copy to her.
Representing the government, Solicitor General Tushar Mehta argued that the grounds had already been communicated to the detenue himself.
During the hearing, Sibal sought interim relief for Wangchuk’s medical needs. The Solicitor General responded that the activist had undergone a medical examination and had told the authorities that he was not on any medication. “If any medical supplies are needed, they will be given,” Mehta assured.
Sibal also requested that Wangchuk’s wife be allowed to meet him. Mehta said Angmo’s request for a meeting had been received and was under consideration. He alleged that attempts were being made to create an emotive narrative around the detention. “This is all just to portray in the media and in that region that he is deprived of medicines and access to his wife — just to create an emotive atmosphere,” Mehta said.
Senior Advocate Vivek Tankha also appeared for Angmo, who was present in court during the hearing.
Wangchuk was detained on September 26 and shifted to Jodhpur Central Jail in Rajasthan after being booked under the NSA for allegedly inciting violence during protests in Leh, which left four people dead and over 80 injured. Protesters have been demanding statehood for Ladakh and its inclusion in the Sixth Schedule of the Constitution.
Angmo’s habeas corpus petition contended that the detention was not genuinely related to national security or public order but aimed at silencing a respected environmentalist and social reformer for his peaceful activism. The plea asserted that Wangchuk’s movement was Gandhian in nature, focusing on environmental protection and the rights of Ladakh’s people.
It alleged that a “systematic campaign” had been launched to malign Wangchuk, including attempts to link him falsely to Pakistan and China. “A blasphemous narrative suggesting links with Pakistan and China is being intentionally floated in certain quarters with the sole object of defaming, maligning, and discrediting a peaceful Gandhian movement for the protection of Ladakh, its fragile ecology, its mountains, glaciers, and the livelihood of its people,” the petition stated.
The plea also objected to Wangchuk’s transfer to Jodhpur jail, over 1,000 kilometres from Ladakh, where the protests had taken place.