The Supreme Court of India has adjourned to February 9 the hearing on a plea filed by Sonam Wangchuk’s wife challenging his detention under the National Security Act. The Centre has justified the detention citing security concerns and alleged role in last year’s Leh violence.
New Delhi: The Supreme Court of India on Thursday adjourned the hearing in the case relating to the detention of climate activist Sonam Wangchuk under the National Security Act (NSA) to February 9. The plea has been filed by his wife, Gitanjali J Angmo, challenging the legality of his detention.
A Bench comprising Justices Aravind Kumar and P B Varale deferred the matter after brief submissions. A day earlier, the apex court had asked the Centre whether there was any possibility of reconsidering Wangchuk’s detention in view of his health condition.
During the hearing, Additional Solicitor General K M Nataraj informed the court that Wangchuk was allegedly responsible for violence that took place in Leh last year, in which four people died and 161 others were injured.
On Tuesday, the Centre and the Union Territory administration of Ladakh had also told the court that Wangchuk was detained for allegedly instigating people in a sensitive border area, where regional security concerns were involved.
Defending the detention, Solicitor General Tushar Mehta submitted that all legal and procedural safeguards were followed while passing the detention order under the National Security Act. On Monday, the Centre had further claimed that Wangchuk attempted to instigate Gen Z to protest in a manner similar to movements seen in Nepal and Bangladesh.
The Solicitor General also told the court that Wangchuk had referred to Arab Spring-like agitation, which had resulted in the overthrow of multiple governments in countries of the Arab world.
The National Security Act 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 preventive detention for a maximum period of 12 months, although the detention can be revoked earlier.
However, on January 29, Wangchuk, who is currently lodged in Jodhpur Central Jail, denied the allegation that he made any statement calling for the overthrow of the government like the Arab Spring. He asserted that he has a democratic right to criticise policies and protest peacefully.
Senior advocate Kapil Sibal, appearing on behalf of Angmo, argued before the court that the police had relied on “borrowed material” and selective video clips to mislead the detaining authority while ordering Wangchuk’s detention.
In her petition, Angmo has contended that the detention is illegal, arbitrary and violative of Wangchuk’s fundamental rights guaranteed under the Constitution.
Wangchuk was detained on September 26 last year, two days after violent protests broke out in Ladakh demanding statehood and Sixth Schedule status. The protests left four people dead, following which the government accused Wangchuk of inciting the violence.
The plea states that it is wholly “preposterous” to suggest that Wangchuk would suddenly be targeted after more than three decades of being widely recognised at the state, national and international levels for his work in grassroots education, innovation and environmental conservation in Ladakh and across India.
Angmo has further argued that the unfortunate incidents of violence in Leh on September 24 last year cannot be linked to Wangchuk’s actions or statements in any manner.
She also pointed out that Wangchuk himself had condemned the violence through his social media platforms and had clearly stated that violence would lead to the failure of Ladakh’s “tapasya” and its peaceful struggle over the past five years. According to Angmo, Wangchuk described that day as the saddest day of his life.
Click Here to Read More Reports On Sonam Wangchuk
