Wangchuk examined 24 times, release on medical grounds ‘not possible’: Centre to SC

The Centre on Wednesday told the Supreme Court that climate activist Sonam Wangchuk is “fit, hale and hearty” and there is nothing alarming about his health condition, opposing his release on medical grounds. Solicitor General Tushar Mehta informed a bench of Justices Aravind Kumar and P.B. Varale that Wangchuk has been medically examined 24 times since his detention and is receiving treatment for minor digestive issues.

The Centre submitted that the grounds on which the detention order under the National Security Act (NSA), 1980, was passed continue to exist. “We have examined his health periodically for 24 times. He is fit, hale and hearty… There is nothing to worry, nothing alarming. We can’t make exceptions like this,” Mehta told the bench, adding that releasing him on health grounds would neither be possible nor desirable.

During the hearing, Additional Solicitor General K.M. Nataraj alleged that Wangchuk acted as a “chief provocateur” during the protests and instigated youth by referring to events such as the agitation in Nepal and the Arab Spring. The bench, however, questioned this reading of his statements, observing that parts cited appeared to reflect concerns about violence rather than endorsement of it.

The court was hearing a habeas corpus petition filed by Wangchuk’s wife, Gitanjali Angmo, challenging his detention as illegal. She contended that the violence that occurred in Leh on September 24 last year could not be attributed to Wangchuk and that he had publicly condemned the incidents, calling them a setback to Ladakh’s peaceful movement.

Under the NSA, the Centre and states have the power to detain individuals to prevent them from acting in a manner considered prejudicial to the defence of India. The maximum detention period is 12 months, though it may be revoked earlier. The matter remains under consideration before the top court.