The Supreme Court has postponed the hearing on Gitanjali Angmo’s plea challenging Sonam Wangchuk’s detention under the National Security Act. The matter will now be heard on February 26, as the Centre defends the detention citing national security concerns.
The Supreme Court of India on Monday postponed the hearing of a petition filed by Gitanjali J Angmo, the wife of jailed climate activist Sonam Wangchuk, challenging his detention under the National Security Act (NSA). The matter will now be taken up on February 26.
A bench of Justice Aravind Kumar and Justice P. B. Varale adjourned the case as Solicitor General Tushar Mehta was not available to appear before the court.
Earlier, the top court had asked the Central government whether there was any possibility of reconsidering Wangchuk’s detention, especially keeping in mind his health condition.
During previous hearings, Additional Solicitor General K M Nataraj told the court that Wangchuk was allegedly responsible for violence in Leh on September 24 last year. According to the government, four people died and 161 were injured in the incident.
The Centre and the Ladakh administration informed the Supreme Court that Wangchuk was detained for instigating people in a border area where regional sensitivity was involved. They argued that the situation had serious national security implications.
Defending the detention, Solicitor General Tushar Mehta submitted that all procedural safeguards were followed before ordering his detention under the National Security Act. The NSA empowers the Centre and state governments to detain individuals to prevent them from acting in a manner “prejudicial to the defence of India”. The law allows detention for a maximum period of 12 months, although it can be revoked earlier.
The Central government also claimed that Wangchuk tried to mobilise young people for protests similar to those seen in Nepal and Bangladesh. Mehta further argued that Wangchuk even referred to an Arab Spring-like agitation, which led to the overthrow of multiple governments in countries in the Arab world.
However, on January 29, Wangchuk, who is currently lodged in the Jodhpur Central Jail, denied the allegations. He stated that he never made any call to overthrow the government like the Arab Spring and stressed that he only exercised his democratic right to criticise and protest peacefully.
Senior advocate Kapil Sibal, appearing for Angmo, argued before the court that the police relied on “borrowed material” and selective videos to mislead the detaining authority.
In her plea before the apex court, Angmo described the detention as illegal and arbitrary. She stated that it violated Wangchuk’s fundamental rights guaranteed under the Constitution.
Wangchuk was detained on September 26, two days after violent protests demanding statehood and Sixth Schedule status for Ladakh resulted in four deaths in the Union Territory. The government has accused him of inciting the violence.
The petition filed by Angmo strongly challenged these claims. It stated that 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 further submitted that the tragic violence in Leh on September 24 cannot be linked to Wangchuk’s actions or statements in any way. She also highlighted that Wangchuk himself had publicly condemned the violence.
According to the plea, Wangchuk described the incident as the “saddest day” of his life and warned that violence would lead to the failure of Ladakh’s “tapasya” and peaceful pursuit of five years.
The Supreme Court will now hear the matter on February 26, where it is expected to consider both the national security concerns raised by the Centre and the constitutional arguments made on behalf of Wangchuk.
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