During the hearing before a bench comprising Justices Aravind Kumar and NV Anjaria, Senior Advocate Kapil Sibal, representing Angmo, faced pointed questions from the court on why the matter was not first approached at the High Court level. X @barandbench
Tribal

Supreme Court Issues Notice on Sonam Wangchuk's NSA Detention, Next Hearing on Oct 14

The petition, filed under Article 32 of the Constitution on October 2, seeks Wangchuk's immediate release and production before the court, alleging the detention is illegal and arbitrary.

Geetha Sunil Pillai

New Delhi– In a significant development in the ongoing Ladakh agitation, the Supreme Court on Monday issued notices to the Centre and the Ladakh Union Territory administration on a habeas corpus petition filed by Gitanjali J. Angmo, wife of prominent climate activist Sonam Wangchuk, challenging his preventive detention under the stringent National Security Act (NSA).

The petition, filed under Article 32 of the Constitution on October 2, seeks Wangchuk's immediate release and production before the court, alleging the detention is illegal and arbitrary. During the hearing before a bench comprising Justices Aravind Kumar and NV Anjaria, Senior Advocate Kapil Sibal, representing Angmo, faced pointed questions from the court on why the matter was not first approached at the High Court level.

"Which High Court?" Sibal retorted, prompting the bench to respond, "You tell us. Answer this question also next date." The court has scheduled the next hearing for Tuesday, October 14.

Solicitor General Tushar Mehta, appearing for the Union government, countered the plea by asserting that all legal procedures had been duly followed in Wangchuk's detention. He informed the court that the grounds of detention had already been supplied to the activist, emphasizing compliance with the provisions of the NSA.

Background of the case

Sonam Wangchuk, a renowned education reformer, engineer, and environmentalist from Ladakh, has long been a vocal advocate for the region's autonomy and ecological preservation. He gained national prominence through his innovative "ice stupa" project for water conservation and his role in inspiring the Bollywood film 3 Idiots. More recently, Wangchuk has led the Leh Apex Body's campaign demanding full statehood for Ladakh, protection of tribal land rights, and safeguards against cultural dilution following the region's bifurcation from Jammu and Kashmir in 2019.

The current crisis erupted in late September amid escalating protests in Leh over these unfulfilled demands. Demonstrators, including Wangchuk, staged a hunger strike and marches, which turned violent on September 25, resulting in four deaths and over 90 injuries. Authorities accused Wangchuk of inciting the violence through provocative speeches, including references to Nepal's political movements, and alleged financial irregularities in protest funding. He was arrested on September 26 and subsequently detained under the NSA, a law allowing detention without trial for up to two years on grounds of national security. The Ladakh administration formally served the detention order, justifying it as necessary to prevent further unrest.

Wangchuk's supporters, including the Leh Apex Body, have decried the move as an attempt to suppress legitimate democratic aspirations, drawing parallels to other high-profile NSA cases against activists.

In the wake of the Supreme Court's order to issue notices, Gitanjali Angmo, Wangchuk's wife, expressed her gratitude on social media platform X (formerly Twitter). In a post shared earlier today, she wrote: "I am grateful to SC for issuing notice. Will be in Jodhpur to meet @Wangchuk66 and obtain grounds of detention to prepare for the hearing next Tuesday! I have faith in the constitution, judicial system and the people of India!"

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