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.
Ladakh peaceful, says LG office; LAB calls it illusion, slams ‘continuing’ arrests
Ladakh remains peaceful with schools, offices and markets reopened, the Union Territory administration asserted on Monday, even as Leh Apex Body (LAB) claimed that the situation is far from normal and demanded the immediate lifting of all curbs and the release of detainees to restore the confidence of people.
“Normalcy cannot return through intimidation…. What appears normal on the surface is just an illusion,” LAB co-chairman Chering Dorjay said at a press conference and alleged that “mass arrests” were continuing.
Ladakh Lt Governor Kavinder Gupta reviewed the security situation in the Union Territory on Monday. Leh was rocked by widespread violence on September 24 during an agitation spearheaded by LAB and Kargil Democratic Alliance (KDA) for statehood and extension of Sixth schedule safeguards that left four persons dead and scores of others injured, prompting imposition of curfew and suspension of mobile internet service.
While the curfew was gradually lifted since the beginning of this month and schools up to class 8 started functioning from October 3, prohibitory orders banning assembly of five or more persons together remain in force, internet mobile services remain suspended along with work in the rest of the educational institutions.
“Lt Governor today (Monday) chaired a high-level meeting to review the security situation in Ladakh. The UT remains peaceful, with schools, offices, and markets reopened,” the LG office said in a post on X on Monday.
Gupta, who has been chairing the security review meetings on a daily basis since the September 24 violence, asked officials to remain vigilant and focus on peace and development.
Addressing the press conference, LAB co-chairman Dorjay said the situation in the violence-hit town is far from normal.
“Nothing is normal as the internet continues to remain suspended and mass arrests are also going on,” Dorjay, flanked by other members of the LAB, alleged.
He said the government should immediately lift all restrictions, release all those detained and restore mobile internet services to restore the confidence of the people. “Such measures are imperative to bring Ladakh back to normal.”
Dorjay accused the government of harassing numberdars (village heads) who had earlier informed the people about the LAB-led hunger strike from September 10 to September 24 in support of its demands, including statehood and safeguards under the Sixth Schedule of the Constitution.
“They (numberdars) are an important part of our culture and are being harassed without any justification. We condemn such action and consider it an attack on our culture,” he said, asking the administration to desist from such actions.
He said the detention of community leaders will not help restore peace, urging the administration to release all detained persons.
“Normalcy cannot return through intimidation. The questioning of numberdars is unjust. They did not instigate protests but only performed their duty of communicating with villagers,” he said.
The LAB reaffirmed its commitment to the ongoing peaceful struggle in support of its demands.
On Sunday, the Lt Governor said his administration is fully committed to restoring complete normalcy and easing public convenience at the earliest.
Blaming vested interests for the September 24 violence, Ladakh Chief Secretary Pawan Kotwal had on Saturday said the government stands committed to meet the aspirations of the people of Ladakh and would be keen to start the dialogue process soon.
Kotwal said that the government has always desired an open and constructive dialogue and has never shied away from meeting, standing committed to addressing the aspirations of the people of Ladakh.
The statement came after LAB and KDA decided to stay away from the scheduled meeting with the Centre on October 6 until a judicial probe is ordered into the death of four persons and all those detained, including climate activist Sonam Wangchuk, are released.
The chief secretary had said 30 of the 70 youth, who were detained following the September 24 violent clashes, have been released, and the rest are in judicial custody and would be released as per court orders.
“We will ensure that youngsters are not put to any hardship and no misguided innocent person is implicated,” he stressed.
