Wangchuk indulged in 'activities prejudicial to the security of state'
New Delhi, Oct. 15 -- The Ladakh administration on Tuesday justified its decision to detain activist Sonam Wangchuk under the National Security Act (NSA), telling the Supreme Court that the order was issued only after the district magistrate was "satisfied" that Wangchuk was "indulging in activities prejudicial to the security of the state, maintenance of public order and services essential to the community."
In an affidavit filed on Tuesday morning, Leh district magistrate said the September 26 detention order was "lawfully issued under lawful authority" after assessing all relevant material. The affidavit denied allegations of any illegality or mistreatment, stressing that "all procedural safeguards under Article 22 of the Constitution and NSA have been faithfully and strictly adhered to."
The affidavit -- the first formal justification of the detention by the Ladakh administration, comes on a day the Supreme Court deferred till Wednesday the hearing on a petition filed by Wangchuk's wife, Gitanjali Angmo, challenging his detention under NSA.
The case was adjourned by a bench of justices Aravind Kumar and NV Anjaria due to paucity of time. Senior advocate Kapil Sibal appeared for Angmo, while solicitor general Tushar Mehta represented the Union government and the Union territory of Ladakh.
The district magistrate's affidavit stated that Wangchuk was duly informed about the grounds of his detention and his right to make a representation against it, but "no such representation has been made till date." It added that while his wife had addressed a letter to the President of India, "under the statutory scheme, only the detenue can make such a representation" to the advisory board constituted under NSA.
According to the affidavit, the order was approved by the Union Territory administration and subsequently reported to the Centre within the time stipulated under NSA. The advisoryboard, it said, also intimated Wangchuk in writing to make a representation within a week of October 10.
It further asserted that the procedural safeguards under Section 8 of NSA, which requires communication of the detention grounds within five days, were "fully complied with," and that Wangchuk was informed both of his detention and transfer to Jodhpur Central Jail. His wife, the affidavit noted, was also informed telephonically through the station house officer, Leh.
In a separate affidavit, the superintendent of Central Jail, Jodhpur, where Wangchuk is currently lodged, denied allegations that the activist was being mistreated or held in solitary confinement. The affidavit said Wangchuk is "the sole occupant of a standard barrack in the general ward" and is being treated "in accordance with the Rajasthan Prison Rules, 2022."
It said Wangchuk was medically examined multiple times -- on September 27, October 3, 5, 10, and 12 -- and was "found to be in normal health, not suffering from any chronic illness, and not on any medication." The affidavit also attached copies of medical examination reports and jail dietary records, stating that Wangchuk "is consuming regular meals and tea twice daily."
The jail superintendent's affidavit added that Wangchuk was permitted to meet his wife and lawyers on several occasions, on October 4, 7, and 11, following due verification by Ladakh police. "All possible efforts have been made to ensure that the detenue's visitation rights are not compromised in any manner," it stated.
It also confirmed that Wangchuk had requested and been provided with a laptop on October 12 to prepare his representation before the advisory board, though "such provision is not ordinarily available under the jail manual."
On October 6, the Supreme Court had issued notices to the Centre, the Ladakh administration, and the Jodhpur jail authorities on Angmo's petition, while recording Mehta's assurance that Wangchuk would receive medical care as per prison rules. At that stage, Mehta had urged the court "not to create hype" around the detention, maintaining thatall legal procedures were followed.
Angmo's plea calls the detention "illegal" and accuses officials of unleashing a "systematic and false campaign" to malign her husband's Gandhian movement for Ladakh's environment. The petition argues that portraying environmental activism as "anti-national" sets a "dangerous precedent."
Wangchuk, a Ramon Magsaysay awardee known for his innovations in sustainable education and environmental technology, was detained on September 26 under NSA following protests in Leh that turned violent two days earlier, leaving four civilians dead and several injured. Authorities have alleged that his speeches, including references to "self-immolation" as a form of protest, had potential to disrupt public order.
Under NSA, a person can be detained without charge for up to 12 months if the government or an authorised officer is satisfied that such detention is necessary to prevent actions prejudicial to the security of the state or public order. The detenue must be informed of the grounds within 5-15 days, and an advisory board comprising high court judges must review the order within three weeks....
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