Wangchuk's arrest can be challenged in court: Prashant Bhushan

New Delhi, Sep 30 (PTI) Senior lawyer Prashant Bhushan on Tuesday said Sonam Wangchuk's arrest under the stringent National Security Act (NSA) can be challenged in court, but the activist's family has yet to receive a copy of the order.

Addressing a press conference here alongside political activist Yogendra Yadav, Bhushan said Wangchuk's arrest has further hurt the sentiments of the people of Ladakh, which is evident as both the Leh Apex Body and the Kargil Democratic Alliance have rejected talks with the Centre until his release.

Yadav, meanwhile, called Wangchuk "Gandhi of Ladakh" and slammed the government for arresting him.

"Arresting Sonam Wangchuk is hurting the sentiments of the people of Ladakh even more. Both the Leh Apex Body and the Kargil Democratic Alliance have said that they will not participate in talks until Wangchuk is released... Keeping him in jail is not good for anyone," Bhushan said.

Responding to the Pakistan link allegation against Wangchuk, the Supreme Court lawyer said, "He had gone there to attend a conference; whatever he said there is all on record. He even appreciated the Modi government".

The government's move to detain him is not valid in any way. It is malafide, unfair, and would not help in any way," he said.

Bhushan said the detention under the NSA can be challenged in court, but the authorities have so far not provided the dossier of charges to Wangchuk's family.

"They are supposed to serve the copy of the order within five days... today, the five days have passed and they have not yet served a copy of the order," he said.

Wangchuk's wife, Gitanjali Angmo, has said that she has neither been able to communicate with him since his arrest, nor has she received a copy of the detention order so far.

"The law under the NSA is that you can preventively detain somebody about whom there is serious apprehension that his non-detention would lead to breach of peace and breach of national security. And the Supreme Court further says that you have to give good reasons in your detention order as to why you have that apprehension," the senior lawyer said.

"In Sonam Wangchuk's case, exactly the opposite is true. In fact, it is his detention which can possibly lead to breach of peace because it has agitated large numbers of people in Ladakh," he added.

Asked what legal recourse can be taken, he said, "The NSA can be challenged, but at least let them serve a copy of that order".

Yadav accused the central government of being "petty" and said that members of the civil society group are willing to travel to Ladakh to show support to Wangchuk, if needed.

"Sonam Wangchuk is the Gandhi of Ladakh, if any government thinks that by putting him in jail, this Gandhi will become smaller, they are wrong... It's the government which is being petty," he said.

"People of Ladakh, whether it was during the Kargil war or any other war, have stood by the Indian Army and fought against China. Alleging that they are anti-national, imposing curfew, not even allowing them to conduct the last rites of those who died in the protest," he said.

Yadav told PTI on the sidelines of the press conference that several civil society groups and people's movements from across the country are standing in support of Wangchuk, and if required, they will go to Ladakh to express solidarity.

"This government is doing what the British did in India. This will only weaken the country. This government talks about nationalism, but has made the country weaker in the border areas, thereby weakening national security," Yadav said.

"Sonam Wangchuk was the person who called for the boycott of Chinese goods... Ex-soldiers are part of the protest; they are being called anti-national," he added.

The Leh Apex Body and the Kargil Democratic Alliance, the two bodies representing the two regions of Ladakh that are holding talks with the government over the demands for statehood, sixth schedule status, have said they will not hold any dialogue until Wangchuk is released and the situation is normalised in the Union Territory.

On Monday, LAB chairman Thupstan Chhewang and co-chairman Chering Dorjay had insisted that the restoration of a "conducive atmosphere" in Ladakh was a prerequisite for resuming negotiations.

The KDA announced on Tuesday that it will not return to the negotiating table until Wangchuk and others are released and a judicial inquiry into last week's police firing in Leh is ordered. PTI AO RHL