Sonam Wangchuk's wife moves SC against his 'illegal' detention under NSA
Gitanjali alleges she has been kept under virtual house arrest while students and staff of HIAL, founded by Wangchuk, are facing harassment.
PTI
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Sonam Wangchuk was detained under the stringent NSA on 26 Sept. (PTI)
New Delhi, 3 Oct
Climate activist Sonam Wangchuk’s wife Gitanjali J Angmo has
filed a plea in the Supreme Court challenging his detention under the National
Security Act and seeking his immediate release.
Wangchuk was detained under the stringent National Security
Act (NSA) on 26 September, two days after protests demanding statehood and
Sixth Schedule status for Ladakh left four people dead and 90 injured in the
Union territory. He is lodged in Jodhpur jail in Rajasthan.
Angmo, in her plea filed through senior lawyer Vivek Tankha
and lawyer Sarvam Ritam Khare, has also questioned the decision to invoke the
NSA against Wangchuk.
Filing the habeas corpus (bring the person) writ, the spouse
of the detained activist has sought urgent listing of the petition and a
direction to the Ladakh union territory administration to “produce Sonam
Wangchuk before this Hon’ble Court forthwith.”
It also sought immediate access to the detente, and quashing
of the preventive detention order.
The plea, which has made the Union Ministry of Home Affairs,
the Ladakh UT administration, Deputy Commissioner of Leh and Jodhpur jail
Superintendent as parties, has also sought a direction to them to “allow
immediate access of the petitioner to her husband, both telephonic and in person”.
The plea alleged that Wangchuk’s detention was “illegal,
arbitrary, and unconstitutional”, violating fundamental rights guaranteed under
Articles 14, 19, 21 and 22.
“Wangchuk, who has been an internationally acclaimed
innovator, environmentalist, and social reformer, has always espoused Gandhian
and peaceful methods to highlight the ecological and democratic concerns of
Ladakh,” it said.
On 26 September, Wangchuk was detained by the Deputy
Commissioner of Leh under Section 3(2) of the NSA while recovering from a
prolonged fast highlighting Ladakh’s demand for constitutional safeguards under
the Sixth Schedule.
He was swiftly shifted to Central Jail in Jodhpur without
being provided medicines, personal belongings, or access to his family and counsel,
the plea said.
No grounds of detention have been furnished till date,
either to Wangchuk or to his family, the petition submitted.
His wife alleges she has been kept under virtual house
arrest in Leh, while students and staff of the Himalayan Institute of
Alternatives, Ladakh (HIAL), founded by Wangchuk, are facing harassment,
intimidation, and intrusive investigations.
“The arbitrary transfer of Wangchuk to Jodhpur, the
harassment of students and staff of the Himalayan Institute of Alternatives,
Ladakh (HIAL), the virtual house arrest of the petitioner herself, and the
false propaganda linking Shri Wangchuk to foreign entities clearly demonstrate
mala fide state action intended to suppress democratic dissent and peaceful
environmental activism,” the plea submitted.
The arrest has also inflicted severe mental pain and anguish
on the people of Ladakh, who revere Wangchuk as their leader, it added.
“A recent tragic incident has been reported where a member
of the Ladakh Buddhist Association committed suicide, allegedly depressed after
his detention, underscoring the devastating psychological impact on the
community,” it said.
“Direct respondents to ensure that Sonam Wangchuk is
provided with his medicines, clothes, food and other basic necessities
forthwith,” the plea said in one of the prayers.
It also sought a direction to the authorities to place
before the top court “the order of detention along with grounds of detention
and all records pertaining thereto”.
It also sought a direction to respondents to produce the
medical report of Wangchuk, after immediate doctor consultation, before the
court.
“Stop immediate harassment of HIAL and its members/students
who have done no harm and are tirelessly working for the benefit of the
ecology,” it said.
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