The Leh administration informed the Supreme Court that Ladakh activist Sonam Wangchuk is in good health and was allowed to prepare his legal representation, defending his detention under the National Security Act as lawful and procedurally sound.
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NEW DELHI: In the ongoing case surrounding the detention of Ladakh-based environmentalist and innovator Sonam Wangchuk, the Superintendent of Central Jail, Jodhpur, and the District Magistrate of Leh have filed separate affidavits before the Supreme Court of India defending the legality and conditions of his detention under the National Security Act, 1980 (NSA).
The affidavits were submitted in response to a habeas corpus petition filed by Wangchuk’s wife, Gitanjali Angmo, who has challenged his detention as unconstitutional and politically motivated.
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Detention and Jail Conditions
According to the affidavit filed by Pradeep Lakhawat, Superintendent of Central Jail, Jodhpur, Wangchuk was brought to the jail on September 26 at 9:15 p.m. He was placed in a 20×20 ft standard barrack in the general ward, where he remains the sole occupant.
The Superintendent stated that Wangchuk was received with a medical certificate from SNM Hospital, Leh, declaring him medically fit and free from chronic illness. A follow-up medical check in jail on September 27 found his health parameters to be “normal.” He has also been examined periodically, with no medical complications reported.
Rejecting allegations that the activist was denied access to his family and legal counsel, the affidavit said that the first formal request from his wife to visit him was received on October 6, after the Supreme Court had issued notice on her petition. Subsequently, Angmo and her counsel were allowed to meet Wangchuk for one hour each on October 7, and she met him again on October 11. The Superintendent also confirmed that Wangchuk was given a laptop to prepare his legal representation.
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District Magistrate’s Defense of the Detention Order
In a separate affidavit, District Magistrate of Leh, Romil Singh Donk, who issued the detention order, asserted that Wangchuk’s detention was lawful and carried out after due consideration of intelligence and security inputs.
According to the affidavit, the DM reached a subjective satisfaction that Wangchuk had been “indulging in activities prejudicial to the security of the State, maintenance of public order, and services essential to the community.”
Donk stated that all procedural and constitutional safeguards were followed:
- Wangchuk was informed of his detention and transfer to Jodhpur on September 26.
- His wife was notified telephonically the same day.
- Within five days, the grounds of detention and supporting material were communicated to him, in compliance with Section 8 of the NSA and Article 22 of the Constitution.
- The order was approved by the Union Territory Administration under Section 3(4) of the NSA and reported to the Central Government on October 5.
Petitioner’s Challenge: “Preventive Detention Misused”
In her petition before the Supreme Court, Gitanjali Angmo argued that her husband’s detention under the NSA is illegal, excessive, and politically motivated. She contended that Wangchuk’s activism and peaceful protests for Ladakh’s statehood and environmental protection were entirely within the scope of constitutional freedoms, particularly Articles 19 (freedom of speech and assembly).
According to the petition:
- No copy of the detention order or grounds has been served on Wangchuk or his family.
- Procedural safeguards mandated under preventive detention laws were not followed.
- His transfer to Jodhpur Jail, over 1,000 km away from Ladakh, was unjustified and oppressive.
- The detention aims to silence a respected voice of dissent, not to safeguard national security.
Angmo’s plea seeks Wangchuk’s immediate release, production before the Court, and permission for continued access to him in jail, both telephonically and in person. She also requested directions to ensure he receives adequate food, medicines, clothes, and other necessities
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Background: Protests in Ladakh
Wangchuk, a well-known engineer, environmentalist, and education reformer, was arrested from Ladakh on September 26, amid protests demanding full statehood for Ladakh and constitutional safeguards under Sixth Schedule provisions. Authorities linked the detention to violence during the protests, while his supporters maintain that he has always advocated peaceful, Gandhian forms of protest.