The Centre and the Union Territory of Ladakh administration told the Supreme Court on Tuesday that climate activist Sonam Wangchuk was detained for instigating people in a border area where regional sensitivity is involved.
Justifying Wangchuk’s detention, Solicitor General Tushar Mehta told a bench of Justices Aravind Kumar and P B Varale that all procedural safeguards were followed while ordering his detention under the National Security Act (NSA).
“This court is dealing with a person who is instigating people in a border area, adjacent to Pakistan and China, where regional sensitivity is involved,” Mehta told the bench.
Contending that Wangchuk has been given fair treatment, Mehta said all the provisions of the NSA have been scrupulously complied with.
The arguments remained inconclusive and are set to continue on Wednesday.
On Monday, the Centre had said that Wangchuk tried to instigate Gen Z for protests like in Nepal and Bangladesh.
Mehta had said that Wangchuk even referred to Arab Spring-like agitation which has led to the overthrow of multiple governments in countries of the Arab world.
The top court was hearing a plea filed by Gitanjali J Angmo, the wife of jailed climate activist Sonam Wangchuk, against his detention under the stringent NSA.
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.
On January 29, Wangchuk, who is under detention in the Jodhpur Central Jail, denied allegations that he made a statement to overthrow the government like the ‘Arab Spring’, emphasising that he has the democratic right to criticise and protest.
Senior advocate Kapil Sibal submitted that police have relied on “borrowed material” and selective videos to mislead the detaining authority.
Angmo claims the detention is illegal and an arbitrary exercise violating his fundamental rights.
Wangchuk was detained on September 26 last year, two days after violent protests demanding statehood and Sixth Schedule status for Ladakh left four people dead and 90 injured in the Union Territory.
The government accused him of inciting the violence.
The plea said it is wholly “preposterous” that Wangchuk would suddenly be targeted after more than three decades of being recognised at the state, national and international levels for his contributions to grassroots education, innovation and environmental conservation in Ladakh and across India.
Angmo said the unfortunate events of violence in Leh on September 24 last year cannot be attributed to the actions or statements of Wangchuk in any manner.
Wangchuk himself condemned the violence through his social media handles and categorically said violence would lead to the failure of Ladakh’s “tapasya” and peaceful pursuit of five years, Angmo said, adding it was the saddest day of his life.