NEW DELHI: The Supreme Court on Wednesday agreed to petitioner Gitanjali J Angmo's request to amend her habeus corpus petition challenging her husband Sonam Wangchuk's detention under the NSA.
A bench of the top court, headed by Justice Aravind Kumar and Justice NV Anjaria adjourned the plea to October 29, Wednesday.
A couple of days ago, the Centre had provided her the grounds of Wangchuk's detention under NSA.
Senior lawyer Kapil Sibal, appearing for the Angmo, sought permission of the top court to amend the plea so that the grounds of detention supplied by the government may now be challenged appropriately.
He clarified that Wangchuk was not allowed to share the notes with his wife. "He (Wangchuk) has made certain notes on his detention which he wanted to pass to the lawyer. Whatever notes he prepares, he is entitled to the lawyer's assistance. All that we want is for the notes to be passed,” he said.
The Solicitor General Tushar Mehta, senior law officer representing the Centre, said that he has no problem with the notes being shared with the petitioner, but pointed out that the delay in providing the grounds of detention to her should not become a ground to challenge the detention.
The Supreme Court had on October 6 issued a notice seeking a response from the Centre, Union Territory of Ladakh, Superintendent of Police Jodhpur Central jail, after hearing the plea of Angmo against his detention under the National Security Act (NSA) and seeking his release.
While issuing notice to the Centre and others, a two-judge bench of the top court sought detailed responses from the respective (respondents) governments.
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.
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. Wangchuk 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.
