New Delhi: The Supreme Court on Tuesday said it would watch videos of Sonam Wangchuk’s speeches this week and reserved its order on March 17 on a plea filed by the jailed climate activist’s wife Gitanjali J Angmo challenging his detention under the National Security Act (NSA).
A bench of justices Aravind Kumar and PB Varale said the judges would watch the videos this Thursday and they have requested the registrar to make arrangements for the screening.
“The judges will be watching the videos on Thursday. First we will watch the videos independently and then both the judges will watch the videos together,” Justice Kumar said.
Additional Solicitor General KM Nataraj, appearing for the Centre and Union Territory of Ladakh administration, said Solicitor General Tushar Mehta was unwell and had requested for adjournment of the hearing in the matter.
Senior advocate Kapil Sibal, appearing for Angmo, said that frequent adjournments in the matter was sending a “wrong signal” in the country.
The bench said it is posting the matter for final hearing on next Tuesday (March 17) and made it clear that whatever happens on that day, the court will be reserving its decision.
“We are making it absolutely clear that no matter what we will be reserving our decision on next Tuesday after the final hearing. We will not allow any new points to be argued and the Solicitor General can only argue the new points raised by Mr. Sibal in his rejoinder arguments,” Justice Kumar said.
Earlier, Mehta had sought to address the issue raised by the bench regarding the translations of Wangchuk’s speeches.
During rejoinder arguments, Sibal had pointed out that the alleged inciteful statements attributed to Wangchuk in the detention order did not find mention in the chart of translated speeches produced by the Centre.
Sibal had argued that the detention order was based on non-existent material, and Wangchuk had never stated that he wanted to “overthrow” the government.
The bench had then questioned the discrepancy in the translations and asked the Centre to place on record the original videos and true translation of speeches attributed to Wangchuk.
On February 26, the top court deferred the hearing on Angmo’s plea for post Holi vacation.
Earlier also the matter was adjourned several times as lawyers from different sides were not available.
The top court had earlier asked the Centre if there was any possibility for the government to have a relook at the detention of Wangchuk, considering his health condition.
Nataraj had submitted that Wangchuk was responsible for violence in Leh on September 24 last year, in which four people died, and 161 were injured.
The Centre and the Ladakh administration had told the apex court that Wangchuk was detained for instigating people in a border area where regional sensitivity was involved.
Justifying Wangchuk’s detention, Mehta had told the bench that all procedural safeguards were followed while ordering his detention under the NSA.
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.
The Centre had said that Wangchuk tried to instigate the Gen Z for protests similar to Nepal and Bangladesh.
Mehta had said that Wangchuk even referred to an Arab Spring-like agitation, which led to the overthrow of multiple governments in countries in the Arab world.
On January 29, Wangchuk, who is lodged in the Jodhpur Central Jail, denied allegations that he made a statement to overthrow the government like the Arab Spring, emphasising that he had the democratic right to criticise and protest.
Sibal submitted that the police relied on “borrowed material” and selective videos to mislead the detaining authority.
Angmo has termed Wangchuk’s detention illegal and an arbitrary exercise violating his fundamental rights.
Wangchuk was detained on September 26 last year, two days after violent protests demanding statehood and Sixth Schedule status for Ladakh left four people dead in the Union territory.
The government accused him of inciting the violence.
The plea said it is wholly “preposterous” that Wangchuk would suddenly be targeted after more than three decades of being recognised at the state, national and international levels for his contributions to grassroots education, innovation and environmental conservation in Ladakh and across India.
Angmo claimed the unfortunate events of violence in Leh on September 24 last year cannot be attributed to the actions or statements of Wangchuk in any manner.
Wangchuk himself had condemned the violence through social media posts, categorically saying that violence would lead to the failure of Ladakh’s “tapasya” and peaceful pursuit of five years, Angmo said, adding that it was the saddest day of his life.
