News Topical, Digital Desk : The Supreme Court will today hear a plea by Sonam Wangchuk's wife, who has termed the detention of the activist under the stringent NSA as illegal and arbitrary and violative of his fundamental rights.
On October 29, the Supreme Court had sought responses from the Centre and the Ladakh administration on the amended petition filed by Wangchuk's wife, Geetanjali J. Angmo. The case will be heard by a bench comprising Justices Arvind Kumar and N.V. Anjaria.
Sonam Wangchuk was detained on September 26
Wangchuk was detained under the National Security Act (NSA) on September 26, two days after violent protests demanding statehood and Sixth Schedule status for Ladakh left four people dead and 90 injured in the Union Territory.
Sonam has been accused of inciting violence.
The government accused him of inciting violence. The amended petition states that the detention order is based on vague allegations and conjectures from the old FIR, has no direct or close connection to the alleged grounds for detention, and therefore has no legal or factual justification.
The petition states that such arbitrary exercise of powers of detention is a gross abuse of power, which offends the very foundation of constitutional liberty and due process, and hence the detention order is liable to be set aside by this Court.
Wangchuk's detention was declared illegal.
The petition states that it is completely absurd that Wangchuk would suddenly be targeted after being recognised for over three decades at the state, national and international levels for his contributions to grassroots education, innovation and environmental conservation in Ladakh and across India.
The petition states that just two months before the elections and before the last round of talks between ABL (Leh's largest body), KDA (Kargil Democratic Alliance) and the Home Ministry, they were sent notices of cancellation of land lease, cancellation of FCRA, initiation of CBI investigation and summons from the Income Tax Department.
The petition claimed that these concerted actions taken within a short period of time, prima facie, make it clear that the detention order is not based on genuine concerns of public order or security, but is a deliberate attempt to silence a respectable citizen who was exercising his democratic and constitutional right to dissent.
This thing was said in the petition
The petition stated that the unfortunate incidents of violence that occurred in Leh on September 24th cannot be linked in any way to Wangchuk's actions or statements. It stated that Wangchuk himself condemned the violence through his social media handles, clearly stating that violence would undo Ladakh's austerity and five years of peaceful efforts, and that this was the saddest day of his life.
The petition states that under Section 8 of the NSA, the detaining authority shall, as soon as may be, but not normally for a period of five days and, in special circumstances and for reasons to be recorded in writing, for a period of ten days, inform the detenu of the full grounds for the detention.
The NSA empowers the central and state governments to detain individuals to prevent them from engaging in activities prejudicial to the defence of India. The maximum period of detention is 12 months, though it can be revoked earlier.
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