Plea in Supreme Court against Sonam Wangchuk detention to be amended after Centre says ground of detention supplied

The wife of Ladakh-based activist Sonam Wangchuk on Wednesday sought the Supreme Court's permission to amend her petition challenging Wangchuk's preventive detention, to address the grounds of detention supplied by the Central government. .The petition filed by Gitanjali Angmo had earlier sought her husband, Wangchuk's release, on the basis that no grounds of detention were supplied by the detaining authorities. The Central government, however, has asserted that these grounds have been supplied, including in an affidavit filed before the top court by the District Magistrate of Leh.During today's hearing of the matter, Angmo's counsel, Senior Advocate Kapil Sibal sought permission to amend the plea so that the grounds of detention supplied by the government may now be challenged."I'll amend it so that the matter can continue here," Sibal said. The Bench of Justices Aravind Kumar and NV Anjaria recorded the submission and listed the case next on October 29. .Notably, in today's hearing, Sibal also raised concerns that Wangchuk was not being allowed to exchange certain notes regarding his detention with his wife. He urged the Court to issue directions to permit the same. Representing the government, Solicitor General Tushar Mehta, told the Court that he has no objection to Wangchuk being allowed to exchange such notes at this stage. "He has had consultation with lawyer twice. Additionally if he wants to share (notes) with his wife, we have no problem," he said. However, SG Mehta added that the same should not be used to create a fresh ground to challenge the detention."Sometimes even a delay of two days is ground for challenge. Now they may say, there is delay in the right to make representation. That is my apprehension. This should not be used as a ground to challenge," he said. Mehta also told the Court that Wangchuk is not suffering from any major health issues warranting medication. "I must point out as the State, last time apprehension was voiced that he may be directed to be given medication ... Because of my affidavit, those averments are affirmed. He says 'I am not on any medication'," SG Mehta said.Sibal objected to this line of argument."I have many things to say.. Why should we get into this when I am asking for a limited prayer?" he asked. The Court eventually adjourned the matter till 29th. ."We also wish him good health," the Court added, as the hearing drew to a close. "We also wish him (the same)," the SG said..Wangchuk was arrested from Ladakh on September 26 and is currently under detention in a jail in Jodhpur.The arrest was made pursuant to the protests and violence that broke out in Ladakh over demands of statehood for the Union Territory.Angmo then approached the top court challenging his detention.Angmo told the Court that her husband’s preventive detention under Section 3(2) of the National Security Act was illegal.As per the plea, Wangchuk’s detention was not genuinely linked to national security or public order but intended to silence a respected environmentalist and social reformer for espousing democratic and ecological causes.According to the petition, Wanghuk resorted only to peaceful Gandhian protest within Ladakh, an exercise of his constitutional right to speech and assembly.Hence, detention amounts to violation of free speech under Article 19, the petition said.Besides, the procedural safeguards for preventive detention were not adhered to thereby violating his right to liberty and equality under Articles 21 and 14, it was submitted.Neither Wangchuk nor the petitioner has been served with the detention order or its grounds, it was further pointed out.Angmo also challenged the transfer of Wangchuk to the Central Jail in Jodhpur over a thousand kilometres from Ladakh, the site of protests.She sought Wangchuk’s release from detention and immediate production before the Court, permission to grant access to him both telephonically and in person, and directions to ensure that he is provided with medicines, clothes, food and other basic necessities in jail..[Read Live Coverage]