New Delhi: Climate activist Sonam Wangchuk’s wife Gitanjali J Angmo has filed a plea in the Supreme Court challenging his detention under the National Security Act and seeking his immediate release.
Wangchuk was detained under the stringent National Security Act (NSA) on September 26, two days after protests demanding statehood and Sixth Schedule status for Ladakh left four people dead and 90 injured in the Union territory. He is lodged in Jodhpur jail in Rajasthan.
Angmo, in her plea filed through senior lawyer Vivek Tankha and lawyer Sarvam Ritam Khare, has also questioned the decision to invoke the NSA against Wangchuk.
Filing the habeas corpus (bring the person) writ, the spouse of the detained activist has sought urgent listing of the petition and a direction to the Ladakh union territory administration to “produce Sonam Wangchuk before this Hon’ble Court forthwith.”
It also sought immediate access to the detenue, and quashing of the preventive detention order.
The plea, which has made the union Ministry of Home Affairs, the Ladakh UT administration, Deputy Commissioner of Leh and Jodhpur jail Superintendent as parties, has 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 fundamental rights guaranteed under Articles 14, 19, 21 and 22.
“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 while recovering from a prolonged fast highlighting Ladakh’s demand for constitutional safeguards under the Sixth Schedule.
He was swiftly shifted to 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 alleges 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 the Himalayan Institute of Alternatives, Ladakh (HIAL), the virtual house arrest of the petitioner herself, and the false propaganda linking Shri Wangchuk to foreign entities clearly demonstrate mala fide state action intended to suppress democratic dissent and peaceful environmental activism,” the plea submitted.
The arrest has also inflicted severe mental pain and anguish on the people of Ladakh, who revere Wangchuk as their leader, it added.
“A recent tragic incident has been reported where a member of the Ladakh Buddhist Association committed suicide, allegedly depressed after his 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 in one of the prayers.
It also sought a direction to the authorities to place before the top court “the order of detention along with grounds of detention and all records pertaining thereto”.
It also sought a direction to respondents to produce the 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,” it said.
