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SC seeks Centre’s response to challenge to Sonam’s detention
The Supreme Court seeks the Centre's response to Sonam Wangchuk's wife's application challenging his detention under the National Security Act.
The Supreme Court on Wednesday sought Centre’s response to an amended application by the wife of activist Sonam Wangchuk challenging his detention under the stringent National Security Act. The latest application alleges procedural illegalities in the conduct of the Advisory Board that considered his representation last week.
A bench of justices Aravind Kumar and NV Anjaria allowed the application raising the additional grounds raised by Gitanjali Angmo, Wangchuk’s wife who has termed the activist’s detention illegal for being in violation of his constitutional rights and the procedure laid down under the NSA, 1980.
Posting the matter on November 24, the bench permitted the amended petition to be filed within a week and directed solicitor general Tushar Mehta representing the Centre to file a response along with additional documents. The court even permitted Angmo to respond to the Centre’s affidavit that was filed to be filed in response to the amended petition before the next date of hearing.
In the brief hearing on Wednesday, senior advocate Kapil Sibal appearing for the petitioner said that based on the Supreme Court’s October 16 order, Angmo was permitted to exchange notes with her husband, who is currently lodged at Jodhpur jail.
The application moved by Angmo stated that she was allowed to assist Wangchuk before the three-member Advisory Board that held a sitting at the jail on October 24. However, she informed the court that despite repeated requests, the full grounds of detention along with the representations made by Wangchuk while in jail were not supplied to her.
“The hearing before the Advisory Board was conducted in violation of the procedural safeguards under the NSA,” said Angmo’s application filed by advocate Sarvam Ritam Khare. It further stated, “The petitioner received the written representation dated October 23 submitted by Wangchuk on October 27, i.e., 3 days after the conclusion of the proceedings before the Advisory Board.”
The application seeking amending her petition further claimed that Wangchuk’s arrest on September 26 cannot be sustained in law as it is based upon irrelevant grounds, stale FIRs, extraneous material, self-serving statements, and suppression of information.
Wangchuk, who is a Ramon Magsaysay award winner, was detained followed protests in Ladakh demanding statehood for the Union Territory and inclusion under the Sixth Schedule of the Constitution. The demonstrations, initially peaceful, turned violent on September 24, leaving four civilians dead and several injured.
The Ladakh administration had earlier told the court that Wangchuk was detained after the district magistrate (DM) was “satisfied” that the activist was “indulging in activities prejudicial to the security of the state, maintenance of public order and services essential to the community.” It stressed that “all procedural safeguards under Article 22 of the Constitution and the NSA have been faithfully and strictly adhered to.”
The Ladakh government further rejected allegations of illegal detention claiming that the activist was duly informed about the grounds of his detention and his right to make a representation against it. However, no such representation was made by him till date.” It added that although his wife had written to the President of India, “under the statutory scheme, only the detenue can make such a representation.”
The affidavit also pointed out that the order was approved by the Union Territory’s administration, reported to the Centre within the prescribed time, and reviewed by the NSA advisory board, which instructed Wangchuk to make a representation by October 17.
