Supreme Court Urges Government to Reconsider Detention of Activist Sonam Wangchuk
Supreme Court's Concerns Over Wangchuk's Health
On Wednesday, the Supreme Court expressed its concerns regarding the ongoing detention of activist Sonam Wangchuk, who has been held since September. The court suggested that the Union government should reconsider his detention due to his deteriorating health, as reported by legal news sources.
A bench comprising Justices Aravind Kumar and PB Varale was reviewing a petition submitted by Wangchuk’s wife, Gitanjali Angmo, which challenges his detention under the National Security Act.
Wangchuk was taken into custody on September 26 and subsequently moved to a facility in Rajasthan’s Jodhpur following protests in Leh that called for statehood for Ladakh and its inclusion in the Sixth Schedule of the Constitution. The protests escalated into clashes, resulting in injuries to several security personnel and the tragic deaths of four individuals due to police firing.
Justice Varale pointed out to Additional Solicitor General KM Nataraj that Wangchuk has been detained for nearly five months and emphasized the worsening state of his health.
“Given his health and the condition of the detainee, which is certainly not very good,” Varale remarked, noting that previous reports indicated his health issues, including age-related factors. He inquired whether the government could reconsider its stance.
Nataraj indicated that he would present this suggestion to the relevant authorities, as reported by legal news outlets.
During the proceedings, Nataraj accused Wangchuk of inciting violence in Leh.
“A person does not need to actively participate; their ability to influence a group is sufficient for preventive detention,” he stated.
Nataraj also mentioned that Wangchuk had not contested the subsequent orders from the state government and the advisory board that upheld the detention order issued by the Leh district magistrate.
He assured that multiple layers of scrutiny exist under the National Security Act to ensure fair treatment of detainees, according to legal news sources.
The court noted that the arguments presented by the petitioner were foundational to the detention order.
Inclusion of Ladakh in the Sixth Schedule would facilitate the establishment of autonomous development councils responsible for managing land, public health, and agriculture.
In August 2019, the Union government, led by the Bharatiya Janata Party, revoked the special status of Jammu and Kashmir under Article 370 of the Constitution, dividing the state into the Union Territories of Jammu and Kashmir and Ladakh.
The absence of a legislative assembly in Ladakh has heightened concerns among residents regarding their land, resources, and livelihoods, raising fears about the preservation of the region's cultural identity and delicate ecosystem.
Following Wangchuk’s detention, significant regional groups, including the Apex Body Leh and Kargil Democratic Alliance, withdrew from discussions with the government, asserting that “dialogue cannot occur under duress.”