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'His health is not good': SC asks Centre to review Sonam Wangchuk's detention

Top court flags activist’s deteriorating condition, asks government to reflect on continued custody as arguments remain inconclusive

File photo of Sonam Wangchuk
File photo of Sonam Wangchuk NH archives

The Supreme Court on Wednesday, 4 February asked the Centre whether it was willing to reconsider the preventive detention of climate activist Sonam Wangchuk, taking into account his health condition, which the court said was not satisfactory.

A bench comprising Justices Aravind Kumar and P.B. Varale noted that Wangchuk’s medical report raised concerns and asked additional solicitor-general K.M. Nataraj, appearing for the Centre, to seek instructions on whether the government could relook at the detention order.

“Apart from submissions, counter submissions and law points, just give a thought to it, as an officer of the Court. The detention order is passed on September 26, 2025, nearly five months,” the bench observed orally.

“Considering the health condition of the detainee... The report which we saw earlier, it shows that his health is not that good. There are certain age-related, may be otherwise. Is there a possibility for the government to rethink, or even relook?” the judges asked.

Nataraj responded that he would place the court’s suggestion before the concerned authorities.

During the hearing, the additional solicitor-general alleged that Wangchuk was responsible for violence in Leh last year, in which four people were killed and 161 others injured.

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“It was ultimately, his provocative speech, provocation, instigation. The person need not actively participate, the propensity of person to influence a group of persons...that is more than sufficient,” Nataraj submitted. He further argued that Wangchuk’s detention order had been approved on 3 October 2025, and that there was no challenge to the approval itself.

The hearing concluded without a final determination, and the matter is scheduled to continue on Thursday.

On Tuesday, the Centre and the Ladakh administration had told the apex court that Wangchuk was detained for allegedly instigating people in a border region involving “regional sensitivity”.

Defending the detention, solicitor-general Tushar Mehta said all procedural safeguards were followed while invoking the National Security Act (NSA).

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On Monday, the Centre had claimed that Wangchuk attempted to provoke Gen Z into protests similar to those witnessed in Nepal and Bangladesh. Mehta also told the court that Wangchuk had referred to Arab Spring–style agitations, which had resulted in the overthrow of multiple governments in West Asia.

The Supreme Court was hearing a petition filed by Wangchuk’s wife Gitanjali J. Angmo, challenging his detention under the stringent NSA.

The law allows the Centre or states to detain individuals to prevent acts “prejudicial to the defence of India”, with a maximum detention period of 12 months, subject to earlier revocation.

On 29 January, Wangchuk, who is currently lodged in Jodhpur Central Jail, denied allegations that he had made statements calling for the overthrow of the government on the lines of the Arab Spring. He asserted his democratic right to criticise government policies and participate in peaceful protest.

Senior advocate Kapil Sibal, appearing for Angmo, argued that the police had relied on “borrowed material” and selectively edited videos to mislead the detaining authority. The petition contends that Wangchuk’s detention is illegal, arbitrary and violative of his fundamental rights.

Wangchuk was detained on 26 September last year, two days after violent protests in Leh demanding statehood and Sixth Schedule status for Ladakh turned deadly. The government has accused him of inciting the violence.

Angmo’s plea described it as “wholly preposterous” that Wangchuk would suddenly be targeted after more than three decades of recognition at the state, national and international levels for his work in grassroots education, innovation and environmental conservation in Ladakh and elsewhere in India.

She also maintained that the violence of 24 September could not be attributed to Wangchuk’s actions or statements in any manner, pointing out that he had publicly condemned the clashes on social media.

According to the plea, Wangchuk had said that violence would only lead to the failure of Ladakh’s “tapasya” (penance) and its five-year peaceful struggle, calling that day the saddest of his life.

With PTI inputs

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