Supreme Court's Surprise Move: Wangchuk's Wife Granted Plea Amendment Amid Detention Drama

A Bench of Justices Aravind Kumar and N.V. Anjaria noted the submission made by senior advocate Kapil Sibal, who appeared on Angmo's behalf, that the plea required amendments since the Central government had furnished the grounds of detention to the detainee.

"I'll amend the petition so that the matter can continue here," Sibal said, after which the apex court listed the matter for further hearing on October 29.

The writ petition filed by Angmo challenged Wangchuk's detention on the ground that the authorities had failed to furnish the grounds of detention, as required under Section 8 of the NSA. However, the Leh administration, in its affidavit filed through the District Magistrate Romil Singh Donk, maintained that the grounds had been duly communicated to the detainee within the prescribed period.

The affidavit pointed out that Wangchuk and his family were promptly informed of the detention and his transfer to Jodhpur Central Jail on the same day. "The authorities duly informed the wife of the detainee about the detention and the place of his detention," the affidavit said, adding that authorities also issued a press statement regarding the detention on September 26.

It further stated that the grounds of detention were communicated to Wangchuk on September 29, within the mandatory five-day period as stipulated under Section 8 of the NSA, and that the detainee acknowledged receipt with his signature.

During the hearing, Sibal also expressed concern that Wangchuk was not being allowed to share certain notes he had prepared about his detention with his wife.

"He (Wangchuk) has made certain notes on the detention which he wanted to pass to the lawyer for his wife. Whatever notes he prepares, he is entitled to the assistance of the lawyer. All that we want is that the notes be passed," Sibal submitted.

In response, Solicitor General Tushar Mehta, appearing for the Union government, submitted that the authorities had no objection to the notes being shared with Wangchuk's wife. "He has had a consultation with the lawyer twice. Additionally, if he wants to share notes with his wife, we have no problem," SG Mehta said.

However, the Centre's law officer flagged that such permission should not be used to create fresh grounds of challenge, and said: "Sometimes even a delay of two days is taken as a ground for challenge. Now they may say there was a delay in the right to make representation. That is my apprehension. This should not be used as a ground to challenge."

In its order, the Supreme Court said that it would not express any opinion at this stage on the issue of notes being shared and directed that the matter be relisted on October 29.

The Union Ministry of Home Affairs held Sonam Wangchuk responsible for inciting violence in Leh town. Wangchuk had been on a hunger strike since September 10, and when violence started in the town, he broke his fast and escaped from the spot in an ambulance.

The activist was later detained under the NSA and shifted to Jodhpur jail in Rajasthan.

Wangchuk has been widely respected for his work in education, environmental conservation, and other social causes. He has been a vocal advocate for education reforms and sustainable development in Ladakh. Over the years, Wangchuk has received national and international recognition for his efforts in creating low-cost schooling models, promoting environmental conservation, and encouraging scientific innovation among students.

- IANS