The Superintendent of Central Jail in Jodhpur and the District Magistrate of Leh have submitted affidavits before the Supreme Court defending the detention of Ladakh-based activist Sonam Wangchuk under the National Security Act, 1980 (NSA)..Both officers have stated that Wangchuk is in good health, has been allowed to meet his wife and lawyers and was given a laptop to prepare his legal representation against the detention.The affidavits were filed in response to a habeas corpus plea filed by Wangchuk's wife Gitanjali Angmo, challenging his detention under NSA..In his affidavit, Jail Superintendent Pradeep Lakhawat said that Wangchuk was brought to the jail on September 26 at 9:15 pm.As per the affidavit, Wangchuk “was detained in a Standard Barrack in the General Ward admeasuring 20 feet × 20 feet, where he continues to be detained till date and is the sole occupant of such prison barrack at present.” .The affidavit states that Wangchuk was received with a medical report from SNM Hospital at Ladakh declaring him as “not suffering from any chronic conditions” and “medically found to be sound and physically fit.” He was again subject to medical examination in jail on September 27 when “his parameters were found to be normal.”.On the issue of visitation in jail, the Superintendent rejected the allegation that access was denied. He said that the first letter from Angmo seeking permission to meet the Wangchuk was received only on October 6 after the Supreme Court had issued notice on Angmo's petition.Wangchuk had earlier written on September 28 seeking permission for eleven visitors including his wife, lawyer and relatives. As per the affidavit,“The Petitioner herself, along with another counsel, Sarvam Ritam Khare, AOR visited the detenue on October 7 and were permitted to spend one hour each with him.”.She was again allowed to meet him for one hour on October 11, the Superintendent submitted..The second affidavit, filed by Leh District Magistrate Romil Singh Donk, who issued the detention order, defended the legality of the decision. According to that affidavit, Wangchuk was "lawfully detained under a lawful authority after arriving at a subjective satisfaction on the circumstances that prevailed where Sh. Sonam Wangchuk had been indulging in activities prejudicial to the Security of the State, Maintenance of Public Order and Services essential to the community.”.The District Magistrate said that all constitutional and statutory requirements were met. According to him, on September 26, Wangchuk was categorically informed both of the factum of his detention under the NSA as well as the factum of his transfer to Central Jail in Jodhpur, and his wife was immediately informed telephonically about the same by the Station House Officer of Leh Police Station."Without any delay and within a period of five days, the grounds of detention along with the material relied upon were communicated to the detenue, thereby fully complying with the rigors of both Section 8 and Article 22 of the Constitution of India,” the affidavit has contended.The order was approved by the State government under Section 3(4) and reported to the Central government on October 5..The affidavit has claimed that Wangchuk was examined medically, periodically and was found to be having no medical complications or requiring any medication..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. She told the Court that her husband’s preventive detention under Section 3(2) of the National Security Act was illegal. As per the petition, 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, Wangchuk resorted only to peaceful Gandhian protest within Ladakh, an exercise of his constitutional right to speech and assembly. Hence, his 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 the 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..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
