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.
Key Points
- The Supreme Court was informed that climate activist Sonam Wangchuk has been medically examined 24 times since his detention and is in good health.
- The Solicitor General stated that the grounds for Wangchuk's detention under the National Security Act (NSA) still exist, preventing his release on health grounds.
- The Additional Solicitor General argued that Wangchuk instigated violent protests, referencing examples like Nepal and the Arab Spring.
- Wangchuk's wife filed a habeas corpus petition, claiming his detention under the NSA was illegal and that he condemned the violence in Leh.
- The Supreme Court questioned the interpretation of Wangchuk's statements, noting he expressed concern about violent methods.
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 P B Varale that grounds on which Wangchuk's detention order was passed continue and it will not be possible to release him on health grounds.
"We have examined his health periodically for 24 times. He is fit, hale and hearty. He had some digestive issue, he is being treated. There is nothing to worry, nothing alarming. We can't make exceptions like this.
"The grounds on which the detention order was passed, continues. 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.
'Wangchuk was a chief provocateur in the violent protests'
During the hearing, Additional Solicitor General K M Nataraj submitted that Wangchuk was a chief provocateur in the violent protests and he instigated youths by giving examples of Nepal and Arab Spring.
Nataraj stated that Wangchuk referred to the violent agitation in Nepal and said the same thing can 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 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 method is not the proper way. You are doing too much of reading."
Wangchuk condemned the violence: Wife
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.
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