SC issues notice to Centre on Sonam Wangchuk's detention
What's the story
The Supreme Court has issued a notice to the central government on a plea challenging the detention of Ladakh social activist Sonam Wangchuk. The plea was filed by his wife, Gitanjali Angmo, under Article 32 as a habeas corpus petition. She has challenged Wangchuk's detention under the National Security Act (NSA), 1980, after violent clashes in Ladakh last month. The court has posted the matter for further hearing on October 14, seeking responses from all parties involved in this case.
Legal challenge
Petition names multiple respondents
Angmo's petition has named the Union Government, Ladakh Administration, and Superintendent of Jodhpur Central Jail as respondents. Appearing for Angmo, Senior Advocate Kapil Sibal argued that the grounds of detention should have been served to her. However, Solicitor General Tushar Mehta contended there is no legal requirement to communicate these grounds to Wangchuk's wife.
Interim relief
Interim relief sought for medical support
Sibal also sought interim relief for medical support for Wangchuk. Mehta informed the court that Wangchuk had not requested any medication during his medical examination but assured that necessary supplies would be provided if needed. When Sibal asked for permission for Angmo to meet her husband, Justice Kumar noted that she has not made any such formal request. First, make a request, and if it is denied, go to court, stated Justice Kumar.
Legal strategy
What petition says
According to the petition, Wangchuk's incarceration was not genuinely related to national security or public order but rather an attempt to silence a respected environmentalist and social reformer for advocating democratic and ecological causes. It says Wanghuk only engaged in peaceful Gandhian protests in Ladakh, exercising his constitutional right to free speech and assembly. As such, his detention violates free expression under Article 19. Angmo has also challenged the transfer of Wangchuk to Jodhpur, over a thousand kilometers from Ladakh.