The Supreme Court will take up a plea on November 24 challenging Sonam Wangchuk’s detention under the National Security Act, calling it illegal and unconstitutional. The case raises serious concerns over misuse of preventive detention laws and suppression of democratic dissent.
New Delhi: The Supreme Court will hear on Monday a petition filed by Sonam Wangchuk’s wife, Gitanjali J Angmo, challenging the detention of the well-known climate activist under the National Security Act (NSA).
The plea claims that Wangchuk’s detention is illegal, arbitrary, and a clear violation of his fundamental rights guaranteed under the Constitution.
Earlier, on October 29, the Supreme Court had asked the Central Government and the Ladakh administration to respond to the amended plea moved by Angmo.
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As per the cause list for November 24, the matter will be taken up by a bench consisting of Justices Aravind Kumar and N V Anjaria for detailed hearing.
Sonam Wangchuk was detained under the strict provisions of the National Security Act on September 26, just two days after violent protests erupted in Ladakh over the demands for statehood and Sixth Schedule status.
These protests turned violent and led to the death of four people while around 90 others were injured. The government has accused Wangchuk of provoking and instigating the violence, which he has strongly denied.
In the amended plea, it has been clearly stated that,
“The detention order is founded upon stale FIRs, vague imputations, and speculative assertions, lacks any live or proximate connection to the purported grounds of detention and is thus devoid of any legal or factual justification”.
It further adds,
“Such arbitrary exercise of preventive powers amounts to a gross abuse of authority, striking at the core of constitutional liberties and due process, rendering the detention order liable to be vitiated by this court,”
The plea strongly argues that it is unfair and unbelievable to target Wangchuk, who has spent more than three decades serving society.
It highlights that he has been widely respected at the state, national and international levels for his work in grassroots education, innovation and environmental conservation in Ladakh and across India. The petition states that it is shocking for such a respected personality to suddenly be treated as a threat.
It also mentions,
“Merely two months before the elections and the final rounds of dialogue between ABL (Apex Body of Leh), KDA (Kargil Democratic Alliance), and the Ministry of Home Affairs, he was served with notices for land lease cancellation, FCRA cancellation, initiation of a CBI investigation, and summons from the Income Tax Department,”
According to the plea, these actions were taken almost simultaneously and show a clear pattern. It claims these steps were not based on genuine concerns of law and order but were carried out to silence Wangchuk for raising his voice democratically.
The plea asserts that these actions indicate that the detention was politically motivated and aimed at suppressing dissent rather than maintaining public peace.
The petition further states that the violent incident in Leh on September 24 cannot be linked to Wangchuk in any way. It highlights that Wangchuk himself openly condemned the violence through his social media platforms and expressed deep sadness over the situation.
He reportedly said that violence would harm Ladakh’s peaceful struggle and made it clear that such acts go against the spirit of the movement.
He stated that
“it is the saddest day of his life”.
Another major point raised in the plea is the delay in providing the full grounds of detention to Wangchuk. It claims that the authorities supplied the complete reasons only after 28 days, which is far beyond the legal time limit under the NSA.
Quoting the law, the plea states that under section 8 of the NSA, the detaining authority shall, as soon as may be, but ordinarily not later than five days and, in exceptional circumstances and for reasons to be recorded in writing, not later than ten days, communicate to the detenu the complete grounds of detention.
This delay, the petition argues, itself makes the detention illegal and unconstitutional. It says the failure to follow the timeline shows disrespect for due process and the rights of the detenu.
The plea also explains that the National Security Act gives power to the Centre and state governments to detain a person if their actions are seen as harmful to national security or public order.
The law allows detention for a maximum period of 12 months, but this can be withdrawn earlier if the authorities decide to revoke it.
Overall, the case has become a major legal and political issue, as it raises serious questions about misuse of preventive detention laws, suppression of democratic voices, and protection of civil liberties.
The Supreme Court hearing on Monday is expected to play an important role in deciding whether Sonam Wangchuk’s detention under the NSA stands the test of constitutional validity and fairness.
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