The Supreme Court (SC) on Monday sought response from the Centre and Union Territory of Ladakh on a plea filed by Sonam Wangchuk’s wife Gitanjali J Angmo challenging the climate activist’s detention under the National Security Act and seeking his immediate release. However, a bench of Justices Aravind Kumar and NV Anjaria refused to pass any order on providing grounds of detention to Wangchuk’s wife and posted the matter for hearing on October 14.
Wangchuk was detained under the stringent National Security Act (NSA) on September 26, two days after protests demanding statehood and Sixth Schedule status for Ladakh left four people dead and 90 injured in the Union territory. Wangchuk is lodged in Jodhpur jail in Rajasthan.
Senior advocate Kapil Sibal, appearing for Wangchuk’s wife, sought directions from the top court that the grounds of detention should be served on her. Solicitor General Tushar Mehta submitted that the grounds of detention have been served on the detenue (Wangchuk). Mehta stated that there is no legal requirement for the grounds of detention to be given to the wife.
Sibal pressed for an interim order for the supply of grounds, saying detention order cannot be challenged without a copy. Justice Kumar then said, “At this stage, we will not say anything.” The bench, however, noted the submission of the Solicitor General that he would examine feasibility of supply of grounds of detention. Mehta stated that the petitioner was trying to create a “hype” and an “emotive issue” that Wangchuk was denied medical relief and meetings with his wife.
In her plea filed through senior lawyer Vivek Tankha and lawyer Sarvam Ritam Khare, Angmo has also questioned the decision to invoke the NSA against Wangchuk, which allows detention without trial for up to 12 months. Filing the habeas corpus (bring the person) writ, the spouse of the detained activist sought urgent listing of the plea and a direction to the Ladakh administration to “produce Sonam Wangchuk before this court forthwith”. It also sought immediate access to the detenue and quashing of the preventive detention order.