Centre opposes Sonam Wangchuk’s plea to appear via video in SC

The Centre opposed climate activist Sonam Wangchuk’s request to appear via video in the Supreme Court, challenging his detention under the NSA. His wife alleges the detention is arbitrary and violates constitutional rights. The case is adjourned to December 15

New Delhi: The Centre on Monday opposed in the Supreme Court the request made by climate activist Sonam Wangchuk to appear through video conferencing from Jodhpur jail in the case related to his detention under the National Security Act.

The top court was hearing a plea filed by Gitanjali J Angmo, wife of Wangchuk, alleging that his detention was illegal and an arbitrary exercise that violated his fundamental rights.

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Senior advocate Kapil Sibal, appearing for Angmo, told a bench of Justices Aravind Kumar and N V Anjaria that the activist wanted to be connected via video from jail and sought permission from the bench.

Solicitor General Tushar Mehta, appearing for the Centre, opposed the request, saying, “We will have to give the same treatment to all convicts across the country.”

The top court adjourned the matter for hearing on December 15. On November 24, the top court had deferred the matter after Solicitor General Tushar Mehta, appearing for the Centre and the UT of Ladakh, sought time to respond to the rejoinder filed by Angmo. On October 29, the top court sought responses from the Centre and the Ladakh administration on an amended plea of Angmo.

Wangchuk was detained under the stringent National Security Act (NSA) on September 26, two days after violent protests demanding statehood and Sixth Schedule status for Ladakh left four people dead and 90 injured in the Union territory. The government had accused him of inciting the violence.

The amended plea by Angmo contended that the detention order is founded upon “stale FIRs, vague imputations, and speculative assertions, lacks any live or proximate connection to the purported grounds of detention and is thus devoid of any legal or factual justification”. Such an arbitrary exercise of preventive powers amounts to a gross abuse of authority, striking at the core of constitutional liberties and due process, rendering the detention order liable to be vitiated by this court, it alleged.

The plea said it is wholly preposterous that after more than three decades of being recognised at the state, national, and international levels for his contributions to grassroots education, innovation, and environmental conservation in Ladakh and across India, Wangchuk would suddenly be targeted.

Angmo said the unfortunate events of violence in Leh on September 24 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 stated that 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.

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.