Sonam Wangchuk case: Examine the feasibility of serving a copy of the order of detention to his wife: SC, notice issued to Centre

New Delhi: The Supreme Court on Monday asked the Centre to examine the feasibility of serving a copy of the order containing the grounds of detention to the wife of activist Sonam Wangchuk, who has been lodged in Jodhpur Jail in Rajasthan, following the recent violent clashes in Ladakh.

The apex court also issued notices to the Union Home Ministry, Union Territory of Ladakh, and Deputy Commissioner Leh on Wangchuk’s wife, Gitanjali Angmo’s, writ petition of Habeas Corpus challenging his detention under the National Security Act, 1980, and immediate release.

Without passing any interim order, a bench comprising Justices Aravind Kumar and N V Anjaria posted the matter for the next hearing on October 14.

“Learned Solicitor General would submit that they would examine feasibility to serve the copy of the order of detention to the wife of the detenue, the copy of which has already been served on the detenue.

“It needs to be observed that Detaining Authority shall ensure that the detenue receives the medical attention suitable to his condition as may be required and the same shall be facilitated or extended to the detenue as per the extent of Prison Rules,” the bench noted in the order.

Solicitor General Tushar Mehta said that many of the allegations in the media have been raised by the petitioner with the intention of creating an emotive atmosphere.

“Wangchuk has made a statement before the medical officer that he is not on any medications. This (allegation that Wangchuk is not being given medical attention) is all a hype. This is all just to portray in the media that he is deprived of medicines and access to his wife. Just to create an emotive atmosphere. That’s all,” Mehta claimed.

Senior Advocate Kapil Sibal, appearing for Wangchuk’s wife, said, “We are against the detention.”

According to the writ petition, Angmo has challenged the detention as illegal, as no grounds for arrest have been provided to them.

Sibal submitted that the grounds of detention should be served on her.

The Solicitor General replied that the grounds of detention have been served on the detenu (Sonam Wangchuk) and there is no legal requirement for the grounds of detention to be communicated to the wife.

When Sibal pressed for an interim order for the supply of grounds to the petitioner, the bench said, “At this stage, we will not say anything.”

However, the bench asked the Solicitor General what the impediment was in serving the grounds on the petitioner.

Mehta stated that the petitioner was trying to create a new ground for challenge by raising the issue of non-supply.

On the plea that Wanchuk’s wife be allowed to meet him, the bench said no order can be passed as she had not made any such formal request, and any order can be considered if her formal request is rejected.

Wangchuk was arrested in Ladakh on September 26. The arrest was made pursuant to the protests and violence that broke out in Ladakh over demands for statehood for the Union Territory.

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 a violation of free speech under Article 19, the petition said, adding that his right to liberty and equality under Articles 21 and 14 was violated.