New Delhi: The Supreme Court on Monday sought response from the Centre and the Union Territory of Ladakh on a writ petition filed by activist Sonam Wangchuk’s wife Gitanjali J Angmo, challenging his detention under the National Security Act and seeking his immediate release.
A bench of Justices Aravind Kumar and N V Anjaria, however, refused to pass any order on her plea for providing her the grounds of detention and posted the matter for hearing on October 14.
“Something has been done for now,” the bench said.
Wangchuk was detained under the stringent National Security Act (NSA) on September 26, two days after violent protests demanding statehood and Sixth Schedule status for Ladakh left four people dead and 90 injured in the Union territory. The government had accused him of inciting the violence.
The NSA empowers the Centre and states to detain individuals to prevent them from acting in a manner “prejudicial to the defence of India”. The maximum detention period is 12 months, though it can be revoked earlier.
Wangchuk is lodged in Jodhpur jail in Rajasthan.
Senior advocate Kapil Sibal, appearing for Wangchuk’s wife, sought directions from the apex court that the grounds of detention “should be served on her”.
Solicitor General Tushar Mehta, however, submitted that the grounds of detention have been “served on the detenue (Wangchuk)”.
Mehta stated that there is no legal requirement for the grounds of detention to be given to the wife.
Sibal pressed for an interim order for the supply of grounds, saying the detention order cannot be challenged without a copy.
Justice Kumar then said, “At this stage, we will not say anything.”
The bench, however, noted the submission of the Solicitor General that he would examine the feasibility of supplying the grounds of detention.
Mehta alleged that the petitioner was trying to create a “hype” with an “emotive issue” that Wangchuk was denied medical relief and meetings with his wife.
The top court directed the authorities to meet Wangchuk’s medical requirements permissible under the prison rules.
Filing the habeas corpus (bring the person) writ, the spouse of the detained activist sought urgent listing of the plea and a direction to the Ladakh administration to “produce Sonam Wangchuk before this court forthwith”.
In her plea filed through senior lawyer Vivek Tankha and lawyer Sarvam Ritam Khare, Angmo has also questioned the decision to invoke the NSA against Wangchuk, which allows detention without trial for up to 12 months.
It also sought immediate access to the detenue, and quashing of the preventive detention order.
The plea, which named the Ministry of Home Affairs, the Ladakh UT administration, the deputy commissioner of Leh and the Jodhpur jail superintendent as parties, also sought a direction to them to “allow immediate access of the petitioner to her husband, both telephonic and in person”.
The plea alleged that Wangchuk’s detention was “illegal, arbitrary, and unconstitutional”, violating the fundamental rights guaranteed 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,” it said.
On September 26, Wangchuk was detained by the deputy commissioner of Leh under Section 3(2) of the NSA, as he was recovering from a prolonged fast to highlight Ladakh’s demand for constitutional safeguards under the Sixth Schedule, the plea said.
He was swiftly shifted to the Central Jail in Jodhpur without being provided medicines, personal belongings, or access to his family and counsel, the plea said.
“No grounds of detention have been furnished till date, either to Wangchuk or to his family,” the petition submitted.
His wife alleged that 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, are facing harassment, intimidation, 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 submitted.
Wangchuk’s detention has also inflicted severe mental pain and anguish on the people of Ladakh, who revere him as their leader, it claimed.
“A recent tragic incident has been reported where a member of the Ladakh Buddhist Association committed suicide, allegedly depressed after his (Wangchuk’s) detention, underscoring the devastating psychological impact on the community,” it said.
“Direct respondents to ensure that Sonam Wangchuk is provided with his medicines, clothes food and other basic necessities forthwith,” the plea said.
It also sought a direction to authorities to place before the top court “the order of detention along with grounds of detention and all records pertaining thereto”.
It sought a direction to the respondents to produce a medical report of Wangchuk, after immediate doctor consultation, before the court.
“Stop immediate harassment of HIAL and its members/students who have done no harm and are tirelessly working for the benefit of the ecology,” the plea said.
