Sonam Wangchuk’s Wife Moves SC With Amended Plea, Calls His Detention Under NSA “Arbitrary and Unlawful
Dr. Gitanjali Angmo, wife of Ladakh-based climate activist Sonam Wangchuk, has filed an amended petition before the Supreme Court, challenging his detention under the National...
Dr. Gitanjali Angmo, wife of Ladakh-based climate activist Sonam Wangchuk, has filed an amended petition before the Supreme Court, challenging his detention under the National Security Act (NSA), 1980, and alleging “gross illegality, arbitrariness, and suppression of facts” by the authorities.
Angmo’s application raises fresh grounds against the detention order, contending that the move was based on stale FIRs, irrelevant material, and distorted interpretations of Wangchuk’s public statements following the Ladakh protests in September.
“No Provocative Speech, Only Peaceful Protest”
In her submission, Angmo maintained that Wangchuk never delivered any provocative or inflammatory speech. She asserted that he had merely observed a peaceful hunger strike in support of Ladakh’s demand for statehood and constitutional safeguards.
She further pointed out that Wangchuk had publicly condemned the September 24 violence and urged people to maintain peace through social media messages.
Detention Based on “Stale FIRs” With No Direct Link
The amended plea states that the grounds of detention rely on five FIRs, three of which were filed in 2024 and bear no direct or proximate connection to the recent protests.
Out of these, four FIRs either do not name Wangchuk or refer to “unknown miscreants.”
The only FIR in which Wangchuk is named, the plea says, was registered after he joined the Apex Board of Leh (ABL) — and relates to unrelated events.
“There is no live or rational nexus between these FIRs and Mr. Wangchuk’s preventive detention under the NSA,” the plea states, calling the detention “ex facie unsustainable in law.”
MHA Allegedly Opposed Wangchuk’s Role in Ladakh Talks
Angmo’s petition also highlights that Wangchuk became a formal member of the ABL in 2025 after being invited by its leadership to join the High-Powered Committee (HPC) and a sub-committee meant for talks with the Ministry of Home Affairs (MHA).
However, she claims that the MHA had expressed “strong reservations” about his inclusion in the delegation, despite both ABL and the Kargil Democratic Alliance (KDA) insisting that Delhi could not dictate their representation.
“It is misleading to suggest that Wangchuk instigated protests,” the petition argues, noting that both ABL and KDA had already announced plans for intensified agitation well before he joined the movement.
Speech Misinterpreted; Selective Quoting Alleged
The plea also disputes one of the core grounds of detention — Wangchuk’s reference to political changes in Nepal, Sri Lanka, and Bangladesh during a speech.
According to Angmo, the detaining authority selectively quoted the speech, omitting a clarifying line where Wangchuk emphasized non-violence and peaceful resistance.
“Unlike these places, in Ladakh it won’t be through violence, stones, or arrows. We can have a peaceful revolution where we starve ourselves but harm no one,” Wangchuk had said, as quoted in the plea.
The omission, Angmo contends, has led to a “distorted portrayal” of his speech and must be subjected to strict judicial scrutiny.
Violation of Procedural Safeguards Under NSA
Angmo has also accused authorities of violating key procedural provisions under Sections 8 and 11 of the NSA, which require that the grounds of detention be supplied within five days.
She alleges that Wangchuk was given an incomplete detention order three days after his arrest on September 29, and that the four video clips cited as evidence were handed over only after 28 days, on October 23, just before his hearing before the Advisory Board.
The plea further claims that Angmo, who was permitted to assist Wangchuk as his “friend” during the Advisory Board hearing on October 24, was not granted access to his written submissions in advance — violating Article 22(5) of the Constitution, which guarantees an opportunity for effective representation.
Supreme Court Allows Amendment; Union Asked to Respond
A Bench of Justice Aravind Kumar and Justice N.V. Anjaria on Wednesday allowed Angmo’s application to amend her original habeas corpus petition after the request was mentioned by Senior Advocate Kapil Sibal.
The Bench granted time to the Union government to file its response to the new grounds.
Earlier, on October 15, the Court had allowed Angmo access to Wangchuk’s personal notes prepared to challenge his detention after Solicitor General Tushar Mehta, representing the Union, raised no objection.
The habeas corpus petition, filed under Article 32 of the Constitution, seeks Wangchuk’s immediate release from Jodhpur Central Jail, where he is currently lodged. The Union Government, Ladakh Administration, and Jodhpur Jail Superintendent have been named as respondents.
Authorities Defend Detention
In a recent affidavit, the Leh District Magistrate defended the detention as “lawful and necessary,” maintaining that the grounds of detention were served within the prescribed timeline and that Wangchuk had not yet filed a representation against it.
The Jodhpur Jail Superintendent has also stated that Wangchuk’s wife, brother, and lawyers have been allowed to meet him.