NEW DELHI, Oct 6: The Supreme Court on Monday issued notices to the Centre, the Ladakh Administration, and the Jodhpur Jail authorities on a plea filed by climate activist Sonam Wangchuk’s wife, Gitanjali Angmo, seeking his immediate release from detention under the National Security Act (NSA), 1980.
A Bench of Justice Aravind Kumar and Justice N.V. Anjaria posted the matter for further hearing on October 14.
Wangchuk, detained under Section 3(2) of the NSA on September 26, two days after violent clashes between protesters and police in Ladakh’s Leh district, is currently lodged in Jodhpur jail. The clashes, linked to demands for statehood and Sixth Schedule status, left four people dead and 90 injured.
Calling the detention “illegal, arbitrary and unconstitutional”, Angmo argued that it violated Wangchuk’s fundamental rights under Articles 14, 19, 21 and 22 of the Constitution. Senior advocate Kapil Sibal, appearing for her, said the grounds of detention had not been furnished to the family, and without them, the order could not be legally challenged.
However, Solicitor General Tushar Mehta, representing the Ladakh Administration, told the Bench that the grounds had already been served on the detenu, and there was “no legal requirement” to communicate them to his spouse. He added that he would, however, examine the feasibility of sharing them with Angmo.
When Sibal requested the court to allow Angmo to meet her husband, the Bench said it could not pass such an order without a formal request. “First, make a request and if it’s rejected, then approach the court,” the judges said.
Mehta accused the petitioner of attempting to create “hype” and “an emotive issue” by alleging denial of medical care and family meetings. He assured the court that if Wangchuk required any medical assistance, “it would be ensured.”
Angmo’s petition has questioned the invocation of the NSA and the transfer of Wangchuk to Jodhpur, terming them “mala fide actions intended to suppress peaceful environmental activism.” She alleged that she has been kept under “virtual house arrest” in Leh and that students and staff of Wangchuk’s Himalayan Institute of Alternatives, Ladakh (HIAL) are facing harassment and intrusive investigations.
The petition stated that the detention had caused “severe mental pain and anguish” among the people of Ladakh, who regard Wangchuk as a leader. It cited a “tragic suicide” of a member of the Ladakh Buddhist Association, allegedly distressed by Wangchuk’s arrest.
Angmo has sought directions for immediate access to her husband, both in person and telephonically, and for the authorities to provide his medicines, clothes, and other necessities. She has also urged the court to direct the government to place before it the detention order, grounds of detention, related records, and Wangchuk’s medical report.
The Ladakh Administration has rejected claims of a “witch-hunt” or “smokescreen” operation, maintaining that the detention followed due process.