The Supreme Court on Monday raised concerns over the detention of climate activist Sonam Wangchuk, questioning why his wife, Gitanjali Angmo, had not been given prior notice of the grounds for his detention under the National Security Act (NSA). The bench, comprising Justices Aravind Kumar and NV Anjaria, issued notices to the Centre, Jammu & Kashmir, and Rajasthan in response to Angmo’s habeas corpus plea.
Gitanjali Angmo informed the court that she has not been allowed to meet her husband since his detention on September 26, two days after protests in Ladakh demanding statehood and Sixth Schedule status left four dead and 90 injured. Her petition, filed under Article 32, challenges Wangchuk’s detention as illegal under Article 22, arguing that neither she nor her husband had been provided the reasons for the detention.
During the hearing, senior advocate Kapil Sibal, representing Angmo, stressed that without receiving a copy of the detention notice, the family could not challenge the detention or make a proper representation before the relevant board. Solicitor General Tushar Mehta, however, argued that the grounds of detention had already been served to Wangchuk and that his brother had met him in custody.
The court questioned why the detention notice had not been provided to the wife, stating that “grounds (of detention) have to be supplied as per judgments of this court. The family members have to be supplied with (detention notice)... Why withhold it from his wife? Let it be served to her.” The Solicitor General maintained that there is no legal requirement to serve the grounds to the detainee’s spouse, suggesting that raising the issue was an attempt to create a new ground of challenge.
The bench also directed that Wangchuk be provided with necessary medicines, clothing, and medical attention, as he had been detained without his belongings and had been fasting before detention. Angmo stated that she had traveled to Jodhpur the previous week and followed up repeatedly, but was still denied access to her husband.
The Supreme Court scheduled the matter for further hearing on October 14, emphasizing that no emotive arguments should be made and noting that challenges to detention under the NSA are ultimately under the Centre’s authority, limiting High Court intervention in such cases.
