NEW DELHI: The Supreme Court on Monday issued notice and sought responses from the Centre, Union Territory of Ladakh, Superintendent of Police Jodhpur Central jail, after hearing a plea of climate activist Sonam Wangchuk’s wife, Dr Gitanjali Angmo, against his detention under the National Security Act (NSA) and seeking his release.
While issuing notice to the Centre and other respondents, a two-judge bench of the top court, headed by Justice Aravind Kumar and Justice NV Anjaria, sought detailed responses from the respective (respondents) governments and posted the matter for further hearing to October 14, Tuesday.
Senior advocate Kapil Sibal appearing for Wangchuk’s wife, Dr Angmo, told the apex court that the grounds of detention of Wangchuk have not been supplied to the family, and it should be served on her as soon as possible.
The renowned climate activist, Sonam Wangchuk was accused of allegedly inciting a violent protest in Ladakh.
During the course of the hearing on Monday, Sibal submitted that Wangchuk’s detention was illegal, as no grounds of arrest have been supplied. "Without the grounds of detention, the detention order cannot be challenged," he added.
The Solicitor General (SG) Tushar Mehta, senior law officer appearing for the Central govt, replied that the grounds of detention were already served to detenue (Wangchuk) and there is no legal requirement for the grounds of detention to be communicated to the wife. He, however, agreed to examine -- besides the legal requirements -- if there is any possibility to serve the copy of the grounds to his wife.
Opposing the detention of Wangchuk under NSA, Sibal sought a direction from the top court for immediate interim relief on medical grounds.
Replying to this, Mehta said that when the activist was produced for medical examination, Wangchuk stated that he was not on any medication. He, however, clarified that if any medical assistance were needed by him, they would be given.
Sibal also sought a direction that Wangchuk’s wife should meet her husband.
Mehta said that Angmo had already submitted a request to meet Wangchuk, and the same was being considered."This is all just to portray in media and in that region that he is deprived of medicines and access to wife. Just to create an emotive atmosphere. That's all," Mehta added.
The petitioner, Dr Angmo, has filed the writ petition, through a habeus corpus plea, on Thursday, in the top court under Article 32 of the Indian Constitution and claimed that the arresting of her husband, Wangchuk was illegal. Wangchuk was agitating for getting statehood and the UT's inclusion in the 6th Schedule.
The renowned climate activist, Wangchuk, was arrested on September 26 under the NSA in the wake of the protests which erupted in Ladakh over the demand for statehood for the region.
Dr Angmo in her petition questioned the slapping of NSA against her husband as she claimed that his "arrest was illegal and violation of rules." She added that there was no contact with her husband following his arrest.
Dr Angmo, talking to Social media X (formerly known as Twitter), said she has sought relief from the Supreme Court through a Habeus Corpus petition against Wangchuk's detention. "It is one week today (October 2). Still I have no information about Sonam Wangchuk’s health, the condition he is in nor the grounds of detention."
On Wednesday, Dr Angmo also wrote to President Droupadi Murmu, seeking her intervention for the release of the climate activist. In the three-page letter, she alleged a “witch hunt” against her husband for taking up the cause of the people over the past four years.
Terming the detention of Wangchuk as "without cause," Dr Angmo questioned why she was not allowed to speak to Wangchuk over the phone or in person.
The Ministry of Home Affairs (MHA) held Wangchuk responsible for inciting violence in Leh town.
As per the case details, Wangchuk had been on a hunger strike since September 10, and when violence started in the town, he broke his fast and escaped from the spot in an ambulance. He was later detained under the NSA and shifted to Jodhpur central jail in Rajasthan.
Besides, Dr Angmo -- the Leh Apex Body (LAB) and the Kargil Democratic Alliance (KDA), spearheading the agitation for statehood and the UT's inclusion in the 6th Schedule -- have strongly demanded the unconditional release of Wangchuk and all others detained.
