Detention Under Scrutiny
Sonam Wangchuk's arrest, which occurred last month by Leh Police under the National Security Act (NSA), is now the subject of legal challenges. The arrest followed
violent protests in Ladakh that resulted in four fatalities and over 90 injuries. Wangchuk was subsequently moved to Jodhpur jail in Rajasthan. Gitanjali J Angmo, Wangchuk's wife, filed a petition with the Supreme Court on October 3, contesting the detention and demanding her husband's immediate release. The petition claims the detention to be unlawful, arbitrary, and a violation of fundamental rights outlined in Articles 14, 19, 21, and 22.
Amending the Plea
Gitanjali J Angmo plans to amend her existing petition to challenge the grounds of her husband's detention. This was revealed on Wednesday. Senior advocate Kapil Sibal, representing Angmo, stated that an application would be filed to amend the petition and contest the reasons for Wangchuk's detention. During a court hearing, Sibal requested that Wangchuk be allowed to communicate with his wife through notes. The Supreme Court had previously issued notices to the Centre and the Union Territory of Ladakh on October 6, but it deferred any decision regarding the request for the grounds of detention and scheduled a hearing for October 14.
Court Proceedings and Delays
The Supreme Court has adjourned the matter to October 29. The court also noted that the jailor of Jodhpur jail, where Wangchuk is currently held, had filed an affidavit. This affidavit stated that Wangchuk's elder brother and lawyer had already visited him. The legal proceedings are unfolding as Wangchuk's wife fights for his release, challenging the invocation of the NSA. The core of the dispute revolves around the legality and justification of his detention, raising complex legal questions regarding fundamental rights. The next hearing, set for October 29, will be critical in determining the future course of this case.
Wangchuk's Alleged Incitement
Sonam Wangchuk's arrest is linked to allegations of inciting people through his statements. These statements were made during a hunger strike aimed at securing Ladakh's inclusion in the Sixth Schedule and achieving statehood. Wangchuk's hunger strike, which started on September 10, lasted for 15 days, ending on September 24 due to concerns about increasing violence. Wangchuk, along with the Leh Apex Body and the Kargil Democratic Alliance, has been advocating for full statehood and inclusion within the Sixth Schedule of the Indian Constitution for Ladakh. The government attributed his speeches to the incitement of the mob.