Supreme Court to Hear Plea Challenging Sonam Wangchuk's Detention Under NSA
The Supreme Court of India is set to hear a crucial plea today challenging the detention of prominent climate activist and innovator Sonam Wangchuk under the stringent National Security Act (NSA). A bench comprising Justice Aravind Kumar and Justice Prasanna B Varale will preside over the hearing, which follows earlier arguments highlighting significant procedural concerns in the detention order.
Previous Hearing Highlights Procedural Irregularities
During the previous hearing on January 12, senior advocate Kapil Sibal, representing Gitanjali J Angmo (Wangchuk's wife), presented compelling arguments against the detention. Sibal contended that the District Magistrate who issued the detention order failed to apply independent judicial mind, instead merely copy-pasting recommendations from the Ladakh Senior Superintendent of Police (SSP).
Sibal further argued that Section 5A of the National Security Act, which deals with the grounds of detention, was not applicable in this case. He emphasized that the material relied upon for the detention must have a proximate link to the order itself, asserting that irrelevant materials were improperly considered. Additionally, he highlighted the right to make representations not only to the advisory board but also to the government, a procedural safeguard he claims was overlooked.
Background of the Case Against Wangchuk
Sonam Wangchuk was detained on September 26, 2025, under the National Security Act, a law that grants authorities pre-emptive powers to detain individuals perceived as threats to public order or national security. Following his detention, he was transferred to Jodhpur. The government has accused Wangchuk of inciting violence during protests in Ladakh.
These protests, which occurred two days prior to his detention on September 24, 2025, were driven by demands for statehood and Sixth Schedule status for Ladakh. The demonstrations turned violent, resulting in four fatalities and 90 injuries in the Union Territory. The detention order appears to link Wangchuk directly to these events, though his legal team disputes the validity of these allegations and the procedural integrity of the detention process.
Legal and National Implications
This case has garnered significant attention due to its implications for civil liberties and the application of national security laws in India. The Supreme Court's decision could set a precedent for how detention orders are scrutinized, particularly regarding the necessity for authorities to demonstrate a clear and direct connection between an individual's actions and the grounds for detention.
As the hearing proceeds, legal experts and human rights advocates are closely monitoring the proceedings, emphasizing the importance of upholding due process and protecting fundamental rights even in matters involving national security. The outcome may influence future cases under the NSA and similar legislation, balancing state security concerns with individual freedoms.
