Sonam Wangchuk’s Judicial Custody Extended; Supreme Court Defers Hearing on Wife’s Plea to October 29
The Supreme Court postpones the hearing on the habeas corpus petition filed by Wangchuk’s wife, challenging his detention under the National Security Act (NSA). The court also allows him to share his notes with his lawyer-wife.
Hearing on Sonam Wangchuk’s Release Deferred to October 29
The Supreme Court of India on Tuesday (October 15) deferred the hearing on the habeas corpus petition filed by Gitanjali Angmo, wife of renowned education reformer Sonam Wangchuk, to October 29.
Angmo had moved the apex court on October 2, challenging her husband’s detention under the National Security Act (NSA), invoking Article 32 of the Constitution which allows citizens to approach the court in cases of unlawful detention.
Kapil Sibal Seeks Permission for Wangchuk to Share Notes
Senior advocate Kapil Sibal, appearing for Gitanjali Angmo, requested the court to allow Wangchuk to hand over his “notes” related to his detention to his wife, who is also his legal representative.
Sibal told the bench of Justices Aravind Kumar and N.V. Anjaria that,
“Mr. Wangchuk has prepared some notes regarding his preventive detention, which he wants to share with his wife’s lawyers. He has the right to consult his counsel and share those notes.”
Centre Has No Objection to Sharing Notes
The Central Government, in its response, informed the Supreme Court that it has no objection to Wangchuk sharing his notes with his wife. Taking note of this, the court deferred the hearing to October 29, after Sibal sought to add some additional grounds and requests in the petition.
Wangchuk in Jodhpur Jail for 20 Days
Sonam Wangchuk has been in judicial custody at Jodhpur Central Jail for 20 days, following his arrest on September 26 under the National Security Act (NSA).
His arrest came after a protest in Leh, Ladakh, demanding statehood and constitutional safeguards, turned violent on September 24, resulting in the deaths of four people. Authorities alleged that Wangchuk had a role in instigating the unrest.
District Magistrate’s Affidavit in Supreme Court
In an earlier hearing on October 6, the Supreme Court had issued notices to the Centre and other authorities seeking their response.
The Leh District Magistrate, Romil Singh Donk, in his affidavit, stated that Wangchuk’s detention order was issued “after careful consideration of all relevant facts” and in the interest of public order, state security, and community welfare.
He denied allegations of unlawful custody or mistreatment, asserting that Wangchuk’s detention complied with the provisions of the National Security Act, 1980.
What is a Habeas Corpus Petition?
A habeas corpus petition is a legal remedy that allows a person to challenge unlawful detention and seek immediate production of the detained individual before the court.
Under Articles 32 and 226 of the Indian Constitution, citizens can approach the Supreme Court or High Court if they believe someone is being illegally detained by the authorities.
