A plea challenging the National Security Act (NSA) detention filed by Gitanjali J. Angmo, wife of Ladakh-based climate activist, educator and innovator Sonam Wangchuk, has been adjourned to December 8 by the Supreme Court on Monday.

The petition calls the detention unconstitutional and says it is based on unfounded allegations.

The bench hearing the petition, comprising Justices Aravind Kumar and N.V. Anjaria, deferred the matter as Solicitor-General Tushar Mehta, who is appearing for both the Centre and the Union Territory of Ladakh, requested some additional time to submit a detailed response. Accepting the request, the next hearing is slotted for December 8.

What does Wangchuk’s petition read?

In the petition filed by Wangchuk’s wife, Angmo called the detention order “illegal, arbitrary and a violation of Wangchuk’s fundamental rights.” She noted that the FIRs are unrelated and vague, with no concrete evidence to justify the detention. In the petition, allegations have been termed “speculative and remote” and argued that they lacked necessary evidence to invoke such a detention law. The plea further states that the use of the NSA in this case is a “gross abuse of authority” and sabotages personal liberty and due process.

Why was Sonam Wangchuk arrested?

On September 26, Wangchuk was placed under detention under the NSA, after a protest turned violent while demanding statehood for Ladakh and inclusion under the Sixth Schedule. In the violent clashes, four people were killed and at least 90 injured. Wangchuk was accused by the authorities of inciting the clashes.

Supporters of Wangchuk called this targeting, because of the growing influence of Wangchuk in Ladakh’s movement for ecological protection, tribal rights, and political autonomy.

The arrest happened even though Wangchuk wrote on his social media, condemning the clashes as the “saddest day of his life.” He urged protesters to keep calm, maintain peace, and warned that violence would jeopardise Ladakh’s struggle. However, despite the message of harmony, he was arrested.

What does detention under the NSA mean?

Under the National Security Act, 1980, the Centre and state governments can detain a person in order to prevent actions that can be prejudicial to the defence of India or public order. This detention can extend up to 12 months. Under the NSA rules, a person can be detained without formal charges, and he can be denied legal counsel and even limited judicial review. This is one of India’s most stringent preventive detention laws.

Currently, Wangchuk is detained in Ladakh, having very little or no communication, and there is hardly any clarity on whether the NSA Advisory Board has reviewed his case. Activist groups have condemned the detention and criticised the lack of transparency.

Currently, the Supreme Court’s adjournment gives the Centre and UT administration more time to justify the detention order. It is expected that Wangchuk’s legal team will seek immediate release. While Wangchuk’s wife is leading the legal battle to free him, civil society groups, students, and Ladakh activists are demanding his release, calling the arrest an attempt to suppress democratic dissent.

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