The Crossbill Team
The Union government and the Ladakh administration on Tuesday defended the detention of climate activist Sonam Wangchuk before the Supreme Court, arguing that his actions had the potential to inflame tensions in a strategically sensitive border region.
Appearing for the Centre, Solicitor General Tushar Mehta told a bench of Justices Aravind Kumar and P B Varale that Wangchuk was lawfully detained under the National Security Act (NSA) after following all prescribed procedures, news agency PTI reported.
“This court is dealing with a person who is instigating people in a border area, adjacent to Pakistan and China, where regional sensitivity is involved,” Mehta told the bench, justifying the government’s decision.
He maintained that Wangchuk had been accorded fair treatment and that every provision of the NSA had been “scrupulously complied with”.
The hearing remained inconclusive and has been listed to continue on Wednesday. On Monday, the Centre had alleged that Wangchuk attempted to provoke younger generations to mobilise protests similar to those witnessed in Nepal and Bangladesh. Mehta had further submitted that Wangchuk referred to Arab Spring–like movements that resulted in the overthrow of governments in several Arab countries.
The apex court was hearing a petition filed by Gitanjali J Angmo, Wangchuk’s wife, challenging his detention under the stringent NSA. The law allows preventive detention for up to 12 months to stop individuals from acting in a manner “prejudicial to the defence of India”, though such detention can be revoked earlier.
During the proceedings, senior advocate Kapil Sibal, appearing for Wangchuk, argued that the police had relied on “borrowed material” and selectively edited videos to mislead the detaining authority. Angmo has contended that her husband’s detention is illegal, arbitrary and violative of his fundamental rights.
Wangchuk, who is currently lodged in Jodhpur Central Jail, has denied the allegations. On January 29, he rejected claims that he made statements aimed at overthrowing the government in the manner of the ‘Arab Spring’, asserting that he has a democratic right to criticise and protest.
Wangchuk was detained on September 26 last year, 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 has accused him of inciting the violence.
However, Angmo has argued that it is wholly “preposterous” to target Wangchuk after more than three decades of his recognition at state, national and international levels for contributions to education, innovation and environmental conservation.
She further submitted that the violence in Leh on September 24 last year could not be attributed to Wangchuk’s actions or statements in any manner.
According to Angmo, Wangchuk had himself condemned the violence on social media, saying it would derail Ladakh’s “tapasya” and its peaceful struggle over the past five years, and had described the day as the saddest of his life.
Appearing for the Centre, Solicitor General Tushar Mehta told a bench of Justices Aravind Kumar and P B Varale that Wangchuk was lawfully detained under the National Security Act (NSA) after following all prescribed procedures, news agency PTI reported.
“This court is dealing with a person who is instigating people in a border area, adjacent to Pakistan and China, where regional sensitivity is involved,” Mehta told the bench, justifying the government’s decision.
He maintained that Wangchuk had been accorded fair treatment and that every provision of the NSA had been “scrupulously complied with”.
The hearing remained inconclusive and has been listed to continue on Wednesday. On Monday, the Centre had alleged that Wangchuk attempted to provoke younger generations to mobilise protests similar to those witnessed in Nepal and Bangladesh. Mehta had further submitted that Wangchuk referred to Arab Spring–like movements that resulted in the overthrow of governments in several Arab countries.
The apex court was hearing a petition filed by Gitanjali J Angmo, Wangchuk’s wife, challenging his detention under the stringent NSA. The law allows preventive detention for up to 12 months to stop individuals from acting in a manner “prejudicial to the defence of India”, though such detention can be revoked earlier.
During the proceedings, senior advocate Kapil Sibal, appearing for Wangchuk, argued that the police had relied on “borrowed material” and selectively edited videos to mislead the detaining authority. Angmo has contended that her husband’s detention is illegal, arbitrary and violative of his fundamental rights.
Wangchuk, who is currently lodged in Jodhpur Central Jail, has denied the allegations. On January 29, he rejected claims that he made statements aimed at overthrowing the government in the manner of the ‘Arab Spring’, asserting that he has a democratic right to criticise and protest.
Wangchuk was detained on September 26 last year, 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 has accused him of inciting the violence.
However, Angmo has argued that it is wholly “preposterous” to target Wangchuk after more than three decades of his recognition at state, national and international levels for contributions to education, innovation and environmental conservation.
She further submitted that the violence in Leh on September 24 last year could not be attributed to Wangchuk’s actions or statements in any manner.
According to Angmo, Wangchuk had himself condemned the violence on social media, saying it would derail Ladakh’s “tapasya” and its peaceful struggle over the past five years, and had described the day as the saddest of his life.
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