Leh Jail Welcomes Release of Former Congress Leaders After High Court Bail
A significant crowd assembled outside the district jail in Leh on Saturday to celebrate the release of former Congress councillor Smanla Dorje Nurboo, aged 36, and former Congress Jammu and Kashmir MLA Deldan Namgail, aged 47. This followed the Jammu and Kashmir High Court's decision to grant them bail in a case linked to violent protests in Leh.
Background of the Arrests and Violence
Police had arrested Namgail on September 26, 2025, and Nurboo a day later, in connection with a violent protest that erupted in Leh on September 24. The demonstration, which demanded statehood and Sixth Schedule status for Ladakh, resulted in four fatalities and approximately 80 injuries due to police firing. Authorities accused both individuals of instigating the violence and being present at the scene, charges they vehemently denied. With their release, all those arrested in the September 24 incident have now been freed on bail.
In addition to civilian casualties, police reported that 38 police personnel and 57 CRPF personnel were injured during the unrest. The Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA), influential political and religious groups in the region, had been actively campaigning for the release of Nurboo and Namgail.
Court's Rationale for Granting Bail
The High Court granted bail to the accused on Thursday, referencing a Supreme Court ruling that emphasizes the compassionate exercise of bail powers. The court stated, "Heinousness of crime by itself cannot be the ground to outrightly deny the benefit of bail if there are other overwhelming circumstances justifying grant of bail." It further observed that for non-bailable offences not carrying a death sentence or life imprisonment, bail should be considered the rule, not the exception. To address state concerns, the court imposed reasonable conditions on the release.
Conditions Imposed by the Court
The court directed Nurboo and Namgail to furnish bonds of Rs 1 lakh each to the satisfaction of the trial court and jail superintendent. Several strict conditions were imposed, including:
- Cooperating fully with the investigating agency.
- Attending all trial proceedings unless officially exempted.
- Refraining from influencing witnesses or tampering with evidence.
- Not committing any further offences during the bail period.
- Not leaving India without prior permission from the trial court and investigating officer.
Defense Arguments and State Opposition
In his bail application, Nurboo claimed he was at a hospital on September 24, attending to individuals on a hunger strike who had fallen ill, and was not near the protest site. The hunger strike, called by environmentalist and LAB member Sonam Wangchuk to pressure the Centre for Sixth Schedule status, was called off after the violence.
Namgail, in his application, argued that people in Ladakh had been raising demands within constitutional frameworks, asserting that peaceful protest is a fundamental right. He described the demands as "absolutely patriotic in their reach as also in their manifestations" and maintained his belief in non-violence, alleging he was falsely implicated.
The state government opposed the bail, contending that both men were influential political figures who could misuse their positions. It alleged they were "active participants" and "key players" in the violence, present at the site.
Context of Ladakh's Political Status
Ladakh was carved out of Jammu and Kashmir and established as a Union Territory on October 31, 2019, following the reorganization of the former state. The region comprises Muslim-majority Kargil and predominantly Buddhist Leh. Both districts are governed by elected autonomous councils that handle local administration, while overall governance rests with the Lieutenant Governor appointed by the Centre, without a legislative assembly. This structure has fueled ongoing demands for full statehood and constitutional safeguards under the Sixth Schedule of the Constitution.
Outside the jail, LAB co-chairman Chering Dorjee, who greeted the released leaders, expressed relief, stating they were happy the two were freed after being detained for such a long time without substantial cause. The release marks a pivotal moment in the ongoing political discourse surrounding Ladakh's autonomy and legal proceedings.
