Supreme Court Allows Amendment in Sonam Wangchuk's NSA Detention Challenge - Legal Battle Continues

The Supreme Court granted permission on Wednesday for Gitanjali J. Angmo, spouse of Ladakh climate activist Sonam Wangchuk, to amend her petition challenging her husband's detention under the National Security Act (NSA).

A two-judge bench consisting of Justices Aravind Kumar and N.V. Anjaria acknowledged senior advocate Kapil Sibal's submission that amendments were necessary since the Central government had provided detention grounds to the detainee.

"I'll amend the petition so that the matter can continue here," stated Sibal, after which the court scheduled the next hearing for October 29.

Angmo's original petition contested Wangchuk's detention on the basis that authorities failed to provide detention grounds as required by Section 8 of the NSA. However, the Leh administration, through District Magistrate Romil Singh Donk, maintained in their affidavit that these grounds had been properly communicated within the prescribed timeframe.

The administration's affidavit highlighted that Wangchuk and his family were immediately informed about the detention and his transfer to Jodhpur Central Jail on the same day. "The authorities duly informed the wife of the detainee about the detention and the place of his detention," the affidavit stated, adding that authorities released a press statement regarding the detention on September 26.

Additionally, the affidavit confirmed that detention grounds were communicated to Wangchuk on September 29, within the mandatory five-day period stipulated by Section 8 of the NSA, which Wangchuk acknowledged with his signature.

During proceedings, Sibal expressed concern that Wangchuk wasn't permitted to share certain detention-related notes with his wife. "He has made certain notes on the detention which he wanted to pass to the lawyer for his wife. Whatever notes he prepares, he is entitled to the assistance of the lawyer. All that we want is that the notes be passed," Sibal argued.

Solicitor General Tushar Mehta, representing the Union government, responded that authorities had no objection to sharing notes with Wangchuk's wife. "He has had a consultation with the lawyer twice. Additionally, if he wants to share notes with his wife, we have no problem," Mehta stated.

However, the Centre's legal representative cautioned that such permission shouldn't create fresh challenge grounds, saying: "Sometimes even a delay of two days is taken as a ground for challenge. Now they may say there was a delay in the right to make representation. That is my apprehension. This should not be used as a ground to challenge."

In its ruling, the Supreme Court declined to express any opinion at this stage regarding note-sharing and directed that the case be rescheduled for October 29.

The Union Ministry of Home Affairs has accused Sonam Wangchuk of inciting violence in Leh town. Wangchuk had been conducting a hunger strike since September 10, and when violence erupted in the area, he reportedly ended his fast and left the location in an ambulance.

The activist was subsequently detained under the NSA and transferred to Jodhpur jail in Rajasthan.

Wangchuk has earned widespread respect for his contributions to education, environmental conservation, and various social causes. He has consistently advocated for education reforms and sustainable development in Ladakh. Throughout his career, Wangchuk has garnered national and international recognition for developing low-cost schooling models, championing environmental conservation, and fostering scientific innovation among students.