SC to hear plea against Sonam Wangchuk’s NSA detention on Monday

New Delhi (PTI): The Supreme Court is slated to hear on Monday a plea filed by Gitanjali J Angmo, the wife of jailed climate activist Sonam Wangchuk, against his detention under the National Security Act.

A bench of Justice Aravind Kumar and Justice P B Varale is likely to hear the matter.

On January 29, Wangchuk, who is under detention in Jodhpur Central Jail, denied allegations that he made a statement to overthrow the government like Arab Spring, emphasising that he has the democratic right to criticise and protest.

Senior advocate Kapil Sibal, appearing for Wangchuk's wife, submitted that police have relied on a selective video to mislead the detaining authority.

It had also directed medical examination by a specialist doctor of the climate activist after he complained of stomach issues due to water contamination.

Angmo's claims the detention is illegal and an arbitrary exercise violating his fundamental rights.

On November 24, the top court deferred the matter after Solicitor General Tushar Mehta, appearing for the Centre and the Union Territory of Ladakh, sought time to respond to the rejoinder filed by Angmo.

On October 29, the court sought responses from the Centre and the Ladakh administration on an amended plea of Angmo.

Wangchuk was detained under the stringent National Security Act (NSA) on September 26, two days after violent protests demanding statehood and Sixth Schedule status for Ladakh left four people dead and 90 injured in the Union territory.

The government had accused him of inciting the violence.

According to the amended plea, the detention order is founded upon "stale FIRs, vague imputations, and speculative assertions, lacks any live or proximate connection to the purported grounds of detention and is thus devoid of any legal or factual justification".

"Such arbitrary exercise of preventive powers amounts to gross abuse of authority, striking at the core of constitutional liberties and due process, rendering the detention order liable to be vitiated by this court," it alleged.

The plea said it is wholly preposterous that after more than three decades of being recognised at the state, national, and international levels for his contributions to grassroots education, innovation, and environmental conservation in Ladakh and across India, Wangchuk would suddenly be targeted.

Angmo said the unfortunate events of violence in Leh on September 24 cannot be attributed to the actions or statements of Wangchuk in any manner.

Wangchuk himself condemned the violence through his social media handles and categorically stated that violence would lead to the failure of Ladakh's "tapasya" and peaceful pursuit of five years, Angmo said, adding it was the saddest day of his life.

The NSA empowers the Centre and states to detain individuals to prevent them from acting in a manner "prejudicial to the defence of India".

The maximum detention period is 12 months, though it can be revoked earlier.