Will the Supreme Court Uphold the Petition Against Sonam Wangchuk's Detention?
Synopsis
Key Takeaways
New Delhi, Feb 5 (NationPress) The Supreme Court is set to continue its deliberation on the government's stance regarding the petition challenging the detention of Ladakh-based social activist Sonam Wangchuk under the National Security Act (NSA).
Earlier on Wednesday, the apex court urged the Centre to reconsider the ongoing preventive detention of Wangchuk under the NSA.
A bench comprising Justices Aravind Kumar and P.B. Varale was reviewing a habeas corpus petition submitted by Wangchuk's wife, Dr. Gitanjali Angmo, who described his detention as "illegal" and an "arbitrary exercise infringing upon his fundamental rights".
During the proceedings, Justice Aravind Kumar noted that Wangchuk had been in custody since September 26, 2025, and the medical reports presented indicated that his health was "certainly not very good".
It was proposed to Additional Solicitor General (ASG) K.M. Nataraj that the government should "reconsider" the decision regarding Wangchuk's detention.
In response, ASG Nataraj assured the Supreme Court that he would seek guidance from the relevant authorities.
Defending the detention, he maintained that the NSA is a specialized law designed for preventive purposes.
"The NSA aims to prevent individuals from engaging in activities detrimental to public order or state security. Preventive detention is not a form of punishment. It is based on the discretion of the detaining authority," he expressed, adding that the District Magistrate had issued the order after thoroughly evaluating the evidence presented.
ASG Nataraj argued that Wangchuk's speech on September 24, 2025, was provocative and incited violent protests in Leh, leading to four fatalities and injuries to 161 individuals. He further claimed that while Wangchuk contested the original detention order, he did not challenge the subsequent orders.
However, the Justice Aravind Kumar-led bench suggested that if the basis of the detention order is found to be legally flawed, including a lack of consideration, the subsequent approvals may not be justifiable.
The Supreme Court noted that if the detention order is annulled, all subsequent actions would become void. In a prior session, the bench acknowledged Wangchuk's health issues and directed that a specialist from a government hospital assess him, with the medical report to be submitted in a sealed envelope.