Sonam Wangchuk detention: Supreme Court seeks Central government response on plea by wife to release him

The Supreme Court on Monday issued notice to the Central government on Habeas Corpus petition filed by Gitanjali Angmo, wife of Ladakh-based environmentalist, activist and innovator Sonam Wangchuk, challenging his detention under the National Security Act (NSA). .A Bench of Justices Aravind Kumar and NV Anjaria sought the response of the government after a brief hearing. Senior Advocate Kapil Sibal, appearing for Angmo, said that the plea is assailing the detention."We are against the detention," he submitted.Solicitor General Tushar Mehta, representing the Central government, said that the grounds of detention have been supplied to Wangchuk."Grounds for detention were supplied," he said."Issue notice," the Bench directed.It proceeded to list the case for hearing next on October 14, Tuesday..Wangchuk was arrested from Ladakh on September 26 and is currently under detention in a jail in Jodhpur.The arrest was made pursuant to the protests and violence that broke out in Ladakh over demands of statehood for the Union Territory.Angmo then approached the top court challenging his detention..Angmo told the Court that her husband’s preventive detention under Section 3(2) of the National Security Act was illegal.As per the plea, Wangchuk’s detention was not genuinely linked to national security or public order but intended to silence a respected environmentalist and social reformer for espousing democratic and ecological causes.According to the petition, Wanghuk resorted only to peaceful Gandhian protest within Ladakh, an exercise of his constitutional right to speech and assembly.Hence, detention amounts to violation of free speech under Article 19, the petition said.Besides, the procedural safeguards for preventive detention were not adhered to thereby violating his right to liberty and equality under Articles 21 and 14, it was submitted.Neither Wangchuk nor the petitioner has been served with the detention order or its grounds, it was further pointed out.Angmo also challenged the transfer of Wangchuk to the Central Jail in Jodhpur over a thousand kilometres from Ladakh, the site of protests.She sought Wangchuk’s release from detention and immediate production before the Court, permission to grant access to him both telephonically and in person, and directions to ensure that he is provided with medicines, clothes, food and other basic necessities in jail.Sibal, appearing for Angmo, said that grounds of detention be supplied to family members. SG Mehta pointed out that Wangchuk's lawyer and brother met him in jail. However, Sibal claimed that Angmo was only allowed to speak to him via intercom and she has not been given the grounds of arrest."Grounds (of detention) has to be supplied as per judgments of this court. the family members have to be supplied with (grounds)..As per law grounds of detention has to be supplied. Please see the section .. let it be served to the wife," he said."At this stage, we will not say anything. Mr SG, why withhold it from his wife," the Bench asked."Law requires service on detenue and we have done that," SG Mehta replied."What prevents (government) from serving (grounds of detention) on wife," the Court insisted. "We will examine it. No issues as such but we don't want them to create a new ground to challenge the detention order," SG Mehta said. "SG to examine the feasibility of serving the detention order on the wife of Mr Wangchuk.. it has already been supplied to the dentenue," the Court noted."She (the wife) has put in a request to meet and it is being considered," the SG said..This is all a hype. This is all just to portray in media that he is deprived of medicines and access to wife. Just to create an emotive atmosphere.SG Tushar Mehta .The Court then said that the bench combination hearing the case will change on the next date of hearing."Combination will change on Monday. SG please do not be skeptical," the Bench remarked."We just do not want them to create a new ground to challenge the order," the SG replied. "How do I challenge the order without knowing the grounds," Sibal replied."Mr Sibal submits that non supply of grounds of detention to his wife will not be a ground to challenge the detention order. We have recorded it" the Bench stated. "Please do not record it unless we are supplied with it immediately," Sibal requested.SG Mehta said that many of the allegations in the media have been raised by the petitioner with an intention to create an emotive atmosphere."Wangchuk has made a statement before the medical officer that he is not on any medications. This (allegation that Wangchik is not being given medical attention) is all a hype. This is all just to portray in media that he is deprived of medicines and access to wife. Just to create an emotive atmosphere. That's all," the SG claimed.The Court meanwhile assured that Angmo will be given access to meet Wangchuk."The wife will definitely get access. Just go by Prison Rules," the Bench said.The Court also said Wanghcuk be given medical attention as permissible under Prison Rules.However, the Bench also asked why Wangchuk did not move High Court first."Which High Court?" Sibal asked."You tell us. Answer this question also on next date (of hearing)," the Court told Sibal.As the hearing drew to a close, SG Mehta and Sibal engaged in a brief exchange of words."We know what is going on," the SG said. "We also know what's going on," Sibal retorted."We don't know what's going on," Justice Kumar said..[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.