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Sonam Wangchuk given fair treatment, procedural safeguards followed: Central government to Supreme Court

The Centre today argued that the detention order was passed as Wangchuk was instigating people in an area bordering Pakistan and China

Ritwik Choudhury

The Central government and Ladakh administration on Tuesday told the Supreme Court that all procedural safeguards were followed while ordering detention of climate activist Sonam Wangchuk under National Security Act (NSA).

The submission was made by Solicitor General Tushar Mehta before a Bench of Justices Aravind Kumar and PB Varale while opposing a plea challenging his detention.

"I am saying that he (Wangchuk) has been given a fair treatment," the SG added.

However, he also contended that because of the nature of the power under NSA, a certain leeway is given to the statutory authority.

"I’m not saying that I am entitled not to comply. I am just pointing to the latitude of the scheme of the Act," Mehta said.

Justice Aravind Kumar and Justice PB Varale

Mehta also submitted that the detention order was passed as Wagnchuk was instigating people in an area bordering Pakistan and China.

The Court was hearing the plea moved by Wangchuk's wife Gitanjali J Angmo against his preventive detention.

Wangchuk has been detained under the National Security Act (NSA) following protests in Leh in September 2025 over demands of statehood and Sixth Schedule status for the Union Territory of Ladakh.

Angmo's counsel last month contended that Wangchuk has a democratic right to criticise and protest against the government and that such sentiments do not threaten the security of the State to warrant his detention.

In response, the Union government and Leh administration on Monday claimed that Wangchuk wanted the Union Territory to face an agitation and violence similar to what had transpired in Nepal and Bangladesh.

Wangchuk referred to the Central government as "them", thus revealing secessionist tendencies, and instigated the GenZ (Generation Z, those born between 1997 and 2012) ) to indulge in bloodbath and civil war, the government further alleged.

"He (Sonam Wangchuk) refers to the Central government as “them”. This “us” and “them” is enough for NSA detention. There is no us and them. We are all Indians," it was submitted yesterday.

Solicitor General of India Tushar Mehta
If a Chinese national said this, I can understand.
SG Tushar Mehta

Continuing with his arguments today, Solicitor General (SG) Tushar Mehta highlighted Wangchuk's speech in which the latter had claimed that Ladakhis do not have the right to choose their representatives.

"'It is unacceptable that Ladakhis cannot choose their own representatives. China, Tibet etc have autonomous rights'," Wangchuk had said.

Mehta objected to the same.

"If a Chinese national argued this, I can understand. This is like a sandwich. Bread on this side. Bread on that side. The bread is Gandhiji. In between other things come. The detaining authority is concerned with what’s there in between. The person is instigating people in a border area. Bordering Pakistan and China," Mehta said.

When the Court asked whether the statements highlighted by him would constitute a threat to the country, Mehta answered in affirmative. He added the statements also amounted to a threat to the public order.

"The security of India, threat to public order, and disruption of supplies, all are seen in the speeches," Mehta said.

"The is a preventive action so that he doesn’t keep repeating the things he (Wangchuk) said. The detention strikes at the very purpose for which the NSA was enacted. It will have a contextual meaning. Every state has region specific sensitivities," he added.

On the argument that detention order and grounds of detention were identical, Mehta said.

"It is not necessary that I paraphrase the whole thing. I [detaining authority] can say yes I read it and I am satisfied."

Mehta today concluded his arguments in the case. Additional Solicitor General KM Nataraj is expected to argue the next on Wednesday.

The Centre and Ladakh Administration were represented by SG Mehta, along with Additional Solicitor General KM Nataraj, Additional Advocate General of Rajasthan Shiv Mangal Sharma and advocates Arkaj Kumar, Astha Singh and Aman Mehta.

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