Centre opposes release of Sonam Wangchuk on health grounds

The Centre informed the Supreme Court that climate activist Sonam Wangchuk has been medically examined 24 times and is in good health. It opposed his release on health grounds during the hearing of a habeas corpus petition

New Delhi: The Centre on Wednesday told the Supreme Court that climate activist Sonam Wangchuk has been examined medically 24 times since his detention and he is “fit, hale and hearty” and there is nothing alarming.

Solicitor General Tushar Mehta told a bench of Justices Aravind Kumar and PB Varale that the grounds on which Wangchuk’s detention order was passed continue and it will not be possible to release him on health grounds.

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“We have examined his health periodically 24 times. He is fit, hale and hearty. He had some digestive issues, he is being treated. There is nothing to worry about, nothing alarming. We cannot make exceptions like this.

“The grounds on which the detention order was passed continue. It will not be possible to release him on health grounds. It may not be desirable also. We have given utmost consideration,” Mehta told the bench.

During the hearing, Additional Solicitor General KM Nataraj submitted that Wangchuk was a chief provocateur in the violent protests and he instigated youths by giving examples of Nepal and the Arab Spring.

Nataraj stated that Wangchuk referred to the violent agitation in Nepal and said the same thing could happen in India.

At this juncture, the bench asked, “Where does he say that? He is saying they (the youth) have taken it. He himself is surprised.” The ASG replied that the statement has to be inferred.

“Please come to the next ground. He says deployment of armed forces in Ladakh is unfortunate. He says youth say peaceful methods have not proved effective,” Nataraj said.

The bench then observed, “He is saying that the youth is saying that. Read the complete sentence. He is saying this is something worrying. If somebody expresses that violent methods are not the proper way, you are doing too much reading.” The top court was hearing a habeas corpus petition filed by Wangchuk’s wife Gitanjali Angmo seeking to declare his detention under the National Security Act (NSA), 1980, as illegal.

The NSA empowers the Centre and states to detain individuals to prevent them from acting in a manner “prejudicial to the defence of India”. The maximum detention period is 12 months, though it can be revoked earlier.

Angmo said the unfortunate events of violence in Leh on September 24 last year cannot be attributed to the actions or statements of Wangchuk in any manner.

Wangchuk himself condemned the violence through his social media handles and categorically said violence would lead to the failure of Ladakh’s “tapasya” and peaceful pursuit of five years, Angmo said, adding it was the saddest day of his life.