Sonam Wangchuk is ‘fit, hale and hearty’; can’t be released: Centre tells SC

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Maintaining that activist Sonam Wangchuk — detained under the National Security Act (NSA), 1980 in Jodhpur Central Jail since September 26, 2025 following violent protests in Ladakh — was “fit, hale and hearty”, the Centre on Wednesday told the Supreme Court that it was not possible to release him on health grounds.Solicitor General Tushar Mehta told a bench of Justice Aravind Kumar and Justice PB Varale that exceptions cannot be made in preventive detention matters.“We have examined his health periodically for 24 times. He is fit, hale and hearty. He had some digestive issue, he is being treated. There is nothing to worry, nothing alarming. We can’t make exceptions like this. The grounds on which the detention order was passed, continues. It will not be possible to release him on health grounds. It may not be desirable also. We have given utmost consideration,” Mehta told the bench.However, Mehta said Wangchuk has developed some digestive issues for which he was being treated.Wangchuk’s wife Gitanjali Angmo’s has challenged his detention, terming it “illegal, arbitrary and unconstitutional”, saying the detention order violated her husband’s fundamental rights guaranteed under Articles 14 (right to equality), 19 (right to various freedoms), 21 (right to life and liberty) and 22 (Protection against arrest and detention in certain cases) of the Constitution.Earlier, Angmo had moved an application seeking a direction for Wangchuk’s examination by a specialist doctor, saying he had frequently complained of stomachache. Following the top court’s order, Wangchuk was examined by doctors at AIIMS Jodhpur and a report was submitted to the court.The top court had on February 4 sought to know from the Centre if there was any possibility for it to relook at Wangchuk’s detention in view of his health condition.“Apart from submissions, counter submissions and law points, just give a thought to it, as an officer of the court. The detention order was passed on September 26, 2025, nearly five months. 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 bench had told Additional Solicitor General KM Nataraj.On Wednesday, Nataraj alleged that Wangchuk was a chief provocateur in the violent protests and he instigated youths by giving examples of Nepal and Arab Spring and that he had referred to the violent agitation in Nepal to say that the same thing can happen in India.“Where does he say that? He is saying they (the youth) have taken it. He himself is surprised,” the bench saidHowever, Nataraj said it has to be inferred. “Please come to the next ground. He says deployment of armed forces in Ladakh is unfortunate. He (Wangchuk) says youth say peaceful methods have not proved effective,” the ASG said.“He is saying that the youth is saying that. Read the complete sentence. He is saying this is something worrying. If somebody expresses that violent method is not the proper way. You are doing too much reading,” the bench told the ASG.The activist was detained on September 26, 2025 under Section 3(2) of the NSA, two days after protests demanding Ladakh’s statehood and the Sixth Schedule status turned violent, leaving four persons dead and nearly 100 injured.The NSA empowers the Centre and states to detain individuals to prevent them from acting in a manner “prejudicial to the defence of India”. The maximum detention period is 12 months, though it can be revoked earlier.Wangchuk had on January 29 denied exhorting his supporters to overthrow the government like the Arab Spring and asserted his democratic right to criticise and protest.The Centre and the Union Territory of Ladakh Administration had sought to justify Wangchuk’s detention under the NSA, saying he was detained for instigating people in a sensitive border area.

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