New Delhi, February 11 The Centre told the Supreme Court on Wednesday that climate activist Sonam Wangchuk has been medically examined 24 times since his detention, and he is "fit, healthy, and in good condition," with no alarming findings.
Solicitor General Tushar Mehta told a bench of justices Aravind Kumar and PB Varale that the grounds on which Wangchuk's detention order was passed still apply, and it would not be possible to release him on health grounds.
"We have examined his health periodically for 24 times. He is fit, healthy, and in good condition. He had some digestive issues, and he is receiving treatment. There is nothing to worry about, nothing alarming. We cannot make exceptions like this."
"The grounds on which the detention order was passed, still apply. It would not be possible to release him on health grounds. It may also not be desirable. We have given this the utmost consideration," Mehta told the bench.
During the hearing, Additional Solicitor General KM Nataraj submitted that Wangchuk was a key instigator in the violent protests and he incited young people by providing examples of Nepal and the Arab Spring.
Nataraj stated that Wangchuk referred to the violent agitation in Nepal and said that the same could happen in India.
At this point, the bench asked, "Where does he say that? He is saying that the youth have taken it. He himself is surprised."
The ASG replied that this statement needs to be inferred.
"Please move on to the next point. He says the deployment of armed forces in Ladakh is unfortunate. He says that the youth believe that peaceful methods have not been effective," Nataraj said.
The bench then observed, "He is saying that the youth are saying that. Please read the complete sentence. He is saying that this is something worrying. If someone expresses that violent methods are not the proper way, you are doing too much of reading."
The Supreme Court was hearing a habeas corpus petition filed by Wangchuk's wife, Gitanjali Angmo, seeking to declare his detention under the National Security Act (NSA), 1980, as illegal.
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, although it can be revoked earlier.
Angmo said that the unfortunate events of violence in Leh on September 24 last year cannot be attributed to the actions or statements of Wangchuk in any way.
Wangchuk himself condemned the violence through his social media handles and categorically stated that violence would lead to the failure of Ladakh's "tapasya" and peaceful pursuit of five years, Angmo said, adding that it was the saddest day of his life.