Today, On 11th February, The Central government and the Leh administration told the Supreme Court that they have decided not to release detained climate activist Sonam Wangchuk on health grounds, stating that his medical condition is stable and does not warrant any special relief.
The Central government and the Leh administration informed the Supreme Court that they have decided not to release detained climate activist Sonam Wangchuk on health grounds.
A bench consisting of Justices Aravind Kumar and PB Varale heard this matter.
However, Solicitor General Tushar Mehta stated in court that Wangchuk is in good health, making it impossible to grant his release based on health concerns.
Mehta remarked,
“We have examined his (Wangchuk’s) health periodically for 24 times. He is fit and healthy. He had some digestive issue; he is being treated. There is nothing to worry, nothing alarming. We can’t make exceptions like this. The grounds on which the detention order was passed continue. It will not be possible to release him on health grounds. It may not be desirable also. We have given utmost consideration,”
The Court was hearing a plea filed by Wangchuk’s wife, Gitanjali J Angmo, against his preventive detention.
Additional Solicitor General KM presented the Centre’s stand on why the detention was justified under multiple independent grounds.
During the hearing, the court noted that,
“The detention order itself is closed. It was preceded by certain incidents which he did, which he carried out. It was termed to be an act of goonda, an act of land grabber. It is specifically stated that in the detention order, these are the acts that were committed in a particular situation.”
While defending the detention, ASG KM submitted that a person’s statements may have different impacts depending on the region.
He said,
“The person who sits in North Eastern states may give some statement with regard to the other neighbouring countries and relating to such activities there. That may not have impact in other places. That is not the test ultimately.”
The Bench then asked for the original records supporting the detention.
The court asked,
“How can we have a look at the grounds of detention which you are pointing out? There are various acts. Where is the original file we had asked for?”
To this, the ASG responded,
“Once I conclude my argument, I will place it in the court.”
Talking about the grounds cited against Wangchuk, the ASG said,
“There is a reference to multiple grounds. 1-2, he joins so and so, pressure is government to do resume talks. From the protest side, he announced 35-day hunger strike and used the platform to incite public, especially youth, quoting examples of Nepal.”
He then described the events that took place during the protest.
The ASG stated,
“During this protest, officers of the Ladakh Autonomous Hill Development Council were attacked, public and private property was damaged, and security personnel on duty were assaulted. The aftermath of these events resulted in four protesters killed, 60 injured, and more than 30 security personnel sustaining injuries.”
The ASG added that the detention order is supported by several independent grounds and argued,
“Each of these incidents constitutes an independent ground. In accordance with Section 5A and the authorities I previously referred to, even if one ground were to be found invalid, the remaining grounds are independently sufficient to sustain the detention order.”
He also pointed to Wangchuk’s alleged references to foreign agitation patterns.
The ASG said,
“The violent, agitation which took place in Nepal, he said the same thing will happen now in our country.”
When Justice Kumar sought clarity and asked,
“Where does he say?”,
The ASG replied,
“He says that it has to be inferred from the, they may take the example,”
Prompting Justice Kumar to observe,
“They may take it. Correct. They may take an example from them. I do not know how they came out. Nobody has imagined. I am myself surprised. They might have taken it.”
Wangchuk was detained under the NSA following protests in Leh in September 2025, which demanded statehood and Sixth Schedule status for the Union Territory of Ladakh.
Angmo’s counsel argued last month that Wangchuk has the democratic right to criticize and protest against the government, and such expressions do not pose a threat to state security that would justify his detention.
In response, the Union government and the Leh administration claimed that Wangchuk was advocating for agitation and violence in the Union Territory, similar to events in Nepal and Bangladesh.
The government alleged that Wangchuk referred to the Central government as them, indicating secessionist tendencies, and incited Generation Z to engage in violence and civil unrest.
Earlier, on October 15, Solicitor General Tushar Mehta defended the Centre, asserting that Wangchuk’s detention under the NSA adhered to due process and did not violate his legal rights.
In an affidavit to the Supreme Court, the Leh District Magistrate stated that Wangchuk’s detention on September 26 was lawful, citing his alleged role in inciting violence in Ladakh.
The DM confirmed that Wangchuk was notified of his detention, the reasons were communicated, and the order was forwarded to the Advisory Board.
Earlier, On October 6, the court had issued notices to both the Centre and the Union Territory of Ladakh.
However, it declined to rule on Gitanjali’s request for the grounds of her husband’s detention, rescheduling the hearing for October 14.
Earlier, Gitanjali Angmo, the wife of activist Sonam Wangchuk, has appealed to the Supreme Court against her husband’s detention under the National Security Act (NSA) by the Ladakh administration.
The protests in Ladakh resulted in four fatalities and over 80 injuries, including among police personnel, on Wednesday. A curfew was imposed in Leh, vehicles were set on fire, and security forces resorted to firing tear gas and live rounds to disperse the crowds.
Climate activist Sonam Wangchuk, who was on a hunger strike advocating for statehood and constitutional protections, terminated his fast as tensions escalated after two fellow hunger strikers collapsed and required hospitalization.
This turmoil occurred just days before scheduled talks between the Centre and the Leh Apex Body on October 6, which would be the first in four months. Sources from the Centre indicated that the government wanted Wangchuk excluded from the discussions, viewing him as an impediment.
The Sixth Schedule of the Indian Constitution outlines the governance of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram. It empowers local communities to play a significant role in the administration of these regions. The youth in Ladakh are advocating for their region to be governed under the protections of the Sixth Schedule.
According to this Schedule, an autonomous district can be subdivided by the governor if there are multiple Scheduled Tribes present. Each autonomous district is entitled to a District Council with no more than 30 members.
The governor is allowed to nominate up to four members, while the remaining members are elected through adult suffrage.
Furthermore, each autonomous region will have its own Regional Council.
Under the Sixth Schedule, in an autonomous district with Regional Councils, the District Council has powers limited to those delegated by the Regional Council, alongside the powers granted by the Schedule for specific areas.
The Schedule also details the legislative powers of the District Councils and Regional Councils regarding the administration of justice in these autonomous regions.
It specifies the delegation of powers under the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 1898, to the Regional and District Councils, as well as certain courts and officers for the adjudication of specific suits, cases, and offenses.
The Governor can dissolve a district or regional council based on recommendations from a Commission.
Case Title : Dr Gitanjali J. Angmo v. Union of India and others, Diary No. 56964/2025
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