Supreme Court Continues Hearing on Detention of Ladakh Activist Sonam Wangchuk Under NSA

New Delhi: The Supreme Court on Wednesday continued to hear the Centre’s arguments on a petition challenging the preventive detention of Ladakh-based social activist Sonam Wangchuk under the National Security Act (NSA), while earlier urging the government to reconsider the continuation of his custody. The case has drawn significant attention due to concerns over Wangchuk’s health and the broader questions it raises about the use of preventive detention laws.

A Bench comprising Justices Arvind Kumar and P.B. Varale was hearing a habeas corpus petition filed by Wangchuk’s wife, Dr. Geetanjali Angmo. The petition described his detention as illegal, arbitrary, and a violation of his fundamental rights. Wangchuk has been in custody since September 26, 2025, following his arrest under the NSA.

During the hearing, Justice Arvind Kumar observed that Wangchuk had been detained for several months and noted that the medical report submitted to the court indicated that his health was “certainly not very good.” In light of this, the Bench orally suggested to Additional Solicitor General (ASG) K.M. Nataraj, appearing for the Centre, that the government should consider whether the continued preventive detention of Wangchuk was necessary.

Responding to the court’s observations, ASG Nataraj assured the Bench that he would seek instructions from the authorities on the issue. However, he strongly defended the detention, arguing that the NSA is a special statute designed for preventive purposes and not as a punitive measure. He told the court that preventive detention is based on the subjective satisfaction of the detaining authority and is intended to prevent individuals from acting in a manner prejudicial to public order or the security of the state.

The ASG further submitted that the detention order had been passed by the District Magistrate after a fair and careful evaluation of the material placed before him. According to the government, Wangchuk’s speech delivered on September 24, 2025, was inflammatory in nature and allegedly triggered violent protests in Leh. The Centre claimed that these protests resulted in four deaths and left 161 people injured, justifying the invocation of the NSA.

ASG Nataraj also pointed out that while Wangchuk had challenged the initial detention order, he had not specifically objected to the subsequent confirmation and extension orders. However, the Bench made it clear that if the foundation of the detention order itself is found to be legally flawed—such as due to non-application of mind—then later approvals or extensions would not stand independently. The court observed that if the original detention order is quashed, all subsequent actions taken under it would automatically fall.

In an earlier hearing, the Supreme Court had taken serious note of Wangchuk’s health condition and directed that he be examined by a specialist from a government hospital. The medical report was submitted to the court in a sealed envelope. The matter will continue to be heard as the court examines the legality of the detention alongside humanitarian and constitutional considerations.

(The content of this article is sourced from a news agency and has not been edited by the Mavericknews30 team.)