New Delhi, February 9 – The Ministry informed the Supreme Court that climate activist Sonam Wangchuk was in "perfect health" and was receiving the best possible treatment at AIIMS, Jodhpur, while in custody.
A bench of Justices Aravind Kumar and P B Varale was informed by Additional Solicitor General K M Nataraj, representing the Ministry, that no progress had been made regarding the review of Wangchuk's detention.
Initially, Justice Kumar asked Nataraj if any progress had been made in response to the court's request to review Wangchuk's detention in light of his deteriorating health.
"What happened? Is there any progress? Has this been done?" Justice Kumar asked Nataraj.
The ASG replied, "I will submit... No progress has been made as of now. He is receiving the best possible treatment."
A lawyer for Wangchuk argued that it was time to reconsider his detention due to his ongoing health issues.
Justice Varale stated that the court had made this suggestion previously.
"There are issues, and it's not like we're denying them. He is also complaining about health issues. The doctor confirms this, and treatment is being provided. Admittedly, there is a health issue, and we made the suggestion on the last day," Justice Varale told Nataraj.
The ASG Nataraj said, "So far as the health issue is concerned, he is perfectly fine… Jaipur is a better place to receive treatment than Ladakh. There is an AIIMS in Rajasthan, whereas in Ladakh, there would be nothing."
Justice Varale responded, "No, no, you can't say that."
Nataraj requested the bench to take up the matter after tomorrow.
The bench told the ASG, "This is a habeas corpus petition. ASG Nataraj, you should understand that in a habeas corpus petition, you can't say that. We also couldn't take up the matter last Friday."
However, the bench agreed to consider the plea filed by Wangchuk's wife, Gitanjali Angmo, seeking to declare his detention under the National Security Act (NSA), 1980, as illegal, on Wednesday.
It clarified that no further adjournments would be granted.
Earlier, appearing for Angmo, senior advocate Kapil Sibal moved an application seeking a specialist doctor to examine Wangchuk, who had frequently complained of stomach pain, possibly due to contaminated water.
Wangchuk was examined by doctors at AIIMS Jodhpur following the court's order, and a report was submitted to the court.
On February 4, the Supreme Court asked the Ministry if there was any possibility for the government to reconsider Wangchuk's detention considering his health condition.
The court observed that Wangchuk's health report was not good and asked ASG Nataraj to seek instructions in the matter.
Nataraj said that he would put the suggestion to the concerned authorities.
Last week, the Ministry and the Ladakh administration told the apex court that Wangchuk was detained for inciting people in a border area where regional sensitivity is involved.
Justifying Wangchuk's detention, Solicitor General Tushar Mehta told the bench that all procedural safeguards were followed while ordering his detention under the NSA.
Earlier, the Ministry said that Wangchuk tried to instigate Gen Z for protests like in Nepal and Bangladesh.
Mehta said that Wangchuk even referred to the Arab Spring, which has led to the overthrow of multiple governments in countries of the Arab world.
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.
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 in the Union Territory (UT). 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 added, adding it was the saddest day of his life.
