Have a rethink on Wangchuk's detention: Top court to Centre
New Delhi, Feb. 5 -- The Supreme Court on Wednesday told the Centre to "rethink" on the continued detention of climate activist Sonam Wangchuk noting the nearly five-month long incarceration at a Jodhpur jail and his deteriorating health condition since his arrest over violent protests in Ladakh last year.
The suggestion by the court came in a petition filed by his wife Gitanjali Angmo challenging his arrest on September 26, 2025 over allegations that his speeches on statehood for Ladakh resulted in violence in which four persons died and several were injured.
The bench of justices Aravind Kumar and PB Varale said, "Is there any possibility for the Government to have a rethink. The detention order was passed on September 26. It has been nearly five months. His condition of health is certainly not very good and there are other age-related factors."
The Ladakh administration and Union government was represented by additional solicitor general (ASG) KM Nataraj who said that the government was equally concerned about Wangchuk's health. As he was in the middle of his arguments defending the detention order, the court allowed him to take instructions in this regard and continue his submissions on Thursday. The court also called for the original file containing various official communications that led to the passing of the detention order.
It was recently the court had called for a report on Wangchuk's health condition in jail which it kept in a sealed cover without disclosing the contents to his wife. While solicitor general Tushar Mehta who appeared earlier this week informed the court that the detenue is in the "pink of health" the court, for the first time on Wednesday revealed, "The report we saw shows that his health is not that good."
His wife had moved an application where she had claimed that he developed severe stomach ailment due to the unfiltered tap water used by him for drinking purpose. She requested the court for periodic monthly reports on his health and specialist care at the jail. The court had directed the jail authorities last week to ensure a specialist doctor from a government facility examines him urgently.
ASG Nataraj told the court that Angmo's petition should be dismissed as she challenged only the detention order and not the subsequent orders passed by the Ladakh administration and the Advisory Board which confirmed it. According to him, the confirmation of the detention order allows the person to be kept in jail for a period of one year as compared to a situation where lack of confirmation by the Advisory Board will result in the detention expiring within 15 days.
The bench told Nataraj, "If detention order smacks of legal deficiency, can it not be set aside? The thrust of her argument is challenge to the edifice, that is the detention order. If we accept their contention that the show cause notice lacks application of mind, violative of principles of natural justice, it will go and all consequent orders (of state and Board) would also go."
The court refused to be convinced by this submission and instead remarked, "If we accept your suggestion, we will be travelling on a dangerous path. One slip on that and you will fall into the gorge."
Nataraj said the grounds of detention should be seen in isolation and even if there is one ground made out, the detention will be justified. He referred to the objection made by senior advocate Kapil Sibal appearing for Angmo that the order of the district magistrate for his detention lacked "application of mind" as it was a "copy paste" of the recommendation made by the senior superintendent of police (SSP). When the court sought to see the SSP recommendation to test the petitioner's argument, the same was not available. "We want to see the entire original file," the bench said, as it posted the matter for further hearing on Thursday....
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