The Supreme Court on Monday verbally asked the Union government to consider sharing the grounds for arresting activist Sonam Wangchuk with his wife, Gitanjali Angmo, The Hindu reported.
The court issued a notice to the government seeking its response and listed the matter next for October 14, Live Law reported.
The court was hearing a petition filed by Angmo challenging Wangchuk’s detention under the National Security Act.
Wangchuk was arrested in Leh on September 26, two days after four persons were killed in police firing during protests seeking statehood for Ladakh. He was later taken to the jail in Jodhpur.
The police firing and violence broke out on September 24 during protests demanding statehood for Ladakh and its inclusion in the Sixth Schedule of the Constitution. Demonstrators clashed with and threw stones at the police, and set fire to the Bharatiya Janata Party office and a police vehicle.
The Union government has claimed that the violence was incited by Wangchuk’s “provocative statements”.
Angmo had filed the habeas corpus plea seeking Wangchuk’s immediate release on Thursday. A habeas corpus is a petition through which a court can order the authorities to produce a person before it to verify if they have been lawfully detained.
The Union government, Ladakh administration and the superintendent of Rajasthan’s Jodhpur Central Jail are the respondents in the petition, Live Law reported.
During the hearing, Solicitor General Tushar Mehta, appearing for the Union government, alleged that Angmo was trying to create a “hype” and an “emotive atmosphere” to portray to the media that Wangchuk was being denied medical care, Live Law reported.
Mehta also told the court that Wangchuk, in his medical examination during detention said he was not on any medication.
The solicitor general added that any medical support, if needed, would be ensured, the legal news outlet reported.
As for supplying grounds for detention, the government submitted that there was no legal requirement to do so to the wife of the person in custody, Live Law reported. He highlighted that Wangchuk was immediately told about the grounds of his arrest in accordance with Section 8 of the National Security Act.
In response, advocate Kapil Sibal, appearing for Angmo stated that the petitioner required the grounds for detention to be able to challenge the detention itself.
Following this, the government agreed to look into the feasibility of doing so.
On Sunday, Wangchuk said that he was prepared to remain in jail until an independent judicial inquiry is ordered into the deaths of the four persons during police firing in Leh.
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