Supreme Court to Review Sonam Wangchuk's Detention on November 24

The Supreme Court of India is scheduled to hear a petition on November 24, filed by Gitanjali J Angmo, the wife of climate activist Sonam Wangchuk. The plea contests Wangchuk's detention under the National Security Act (NSA), asserting that it is illegal and an arbitrary action that infringes upon his fundamental rights.

The case will be reviewed by a bench consisting of Justices Aravind Kumar and N.V. Anjaria. On October 29, the Supreme Court had requested responses from the Indian government and the administration of Ladakh regarding the amended petition submitted by Angmo.

Sonam Wangchuk was detained on September 26, following violent demonstrations in Leh that resulted in four fatalities and over 90 injuries. These protests were driven by demands for statehood and the implementation of the Sixth Schedule status for the region of Ladakh. Authorities allege that Wangchuk played a role in inciting the unrest, leading to his transfer to a prison in Jodhpur, Rajasthan, where he was charged under the NSA. This legislation permits the preventive detention of individuals considered a threat to national security for a period of up to 12 months.

In her amended petition, Gitanjali Angmo argues that the grounds for Wangchuk's detention are based on outdated first information reports (FIRs), vague accusations, and speculative claims that lack a direct connection to the reasons for his detention. She claims that the detention is devoid of both legal and factual justification.

Wangchuk, a well-known educator and environmental advocate for over thirty years, has faced several coordinated actions against him, including notifications for the cancellation of land leases, a cancellation of his Foreign Contribution (Regulation) Act registration, a Central Bureau of Investigation inquiry, and summons from the Income Tax Department. The petition suggests that these actions are attempts to silence Wangchuk for exercising his democratic rights rather than addressing legitimate security issues.

The petition also references Wangchuk's condemnation of the violence that occurred in September, with Angmo quoting him as expressing that it was “the saddest day of his life” and that such unrest would jeopardise Ladakh's ongoing peaceful development efforts, referred to as "tapasya."

Additionally, the plea highlights that the complete reasons for Wangchuk's detention were only communicated after 28 days, which Angmo contends breaches Section 8 of the NSA. This section mandates that grounds for detention be communicated within five days, extendable to ten days only in exceptional cases.

Previously, on October 6, the Supreme Court had issued a notice to the government and Ladakh administration concerning a habeas corpus petition filed by Gitanjali Angmo, seeking her husband's immediate release. Solicitor General Tushar Mehta, representing the government, asserted that the law had been followed properly and that the grounds for Wangchuk's detention had been provided. However, the court declined to issue any orders regarding the details at that time and scheduled the matter for further deliberation.

Gitanjali Angmo has also reached out to Indian President Droupadi Murmu, requesting intervention and alleging a “witch-hunt” against her husband for advocating on behalf of the Ladakhi people and expressing concerns about police actions following the September violence. She likened the situation to colonial oppression, accusing the Indian government of misusing the Ladakh police. In a post on X, she stated, "Is India really free? In 1857, 24,000 Britishers used 135,000 Indian sepoys to oppress 300 million Indians under orders from the Queen. Today, a dozen administrators are misusing 2400 Ladakhi police to oppress and torture 3 lakh Ladakhis under the orders of the MHA."