The Union Government on Monday (December 8) opposed a request made by Sonam Wangchuk to appear before the Supreme Court via video conferencing from Jodhpur jail in the hearing on the challenge to his detention under the National Security Act.
Dr. Gitanjali Angmo, Wangchuk’s wife, has approached the Supreme Court through a habeas corpus petition challenging the detention of the Ladakh social activist, who has been detained after the Ladakh protests for statehood. turned violent in September.
Today, the bench comprising Justice Aravid Kumar and Justice NV Anjarai could not hear the matter as both counsels were engaged in a prior matter.
Senior Advocate Kapil Sibal(for Dr Angmo) submitted that an order may be passed in regards to Sonam connecting via VC. He said: “Sonam was to be connected via video from jail, that order your lordhships may [pass]”.
Solicitor General of India, Tushar Mehta(for the Union), however, opposed the plea.
SG Mehta said: “I have something to say on that because then we will have to give same treatment to all convicts across the country, it’s not an exception [we can make]. We will assist in opposing that only for the reason that throughout the country, wherever there is livestreaming, the accused and the convict will have to [be connected via VC].”
What has happened so far?
The writ petition filed under Article 32 is a habeas corpus petition seeking the release of Wangchuk, lodged in a jail in Jodhpur.The Union Government, Ladakh Administration and the Superintendent of the Jodhpur Central Jail are the respondents in the petition.
On October 6, when notice was issued, Sibal had argued that the grounds of detention hadn’t been served to them. In contrast, SG Mehta submitted that there is no legal requirement for the grounds of detention to be communicated to the wife. Sibal had replied that he would not be relying on the non-supply of the grounds of detention to the wife as a ground to challenge the detention, and that he was seeking them so that the detention itself could be challenged.
The Leh District Magistrate filed an affidavit in the Supreme Court denying that the detention was illegal. The authority also stated that the grounds of detention were supplied to Wangchuk within the statutorily mandated timelimit and that he is yet to make any representation against his detention. The Jodhpur Central Jail Superintendent stated in a separate affidavit that Wangchuk’s wife, brother and lawyers were allowed to meet him in jail.
In her additional grounds, Dr Angmo submitted that the detention order and grounds of detention are ex facie unsustainable in law as they are premised upon irrelevant grounds, stale FIRs, extraneous material, self-serving statements, and suppression of information. She also contends that she has yet to receive the complete grounds of detention. Angomo has submitted that Wangchuk was supplied with an incomplete detention order, and that too after three days after his illegal detention on September 29.
On October 15, the Court allowed Angmo to get access to the notes he had prepared to challenge his detention after SG Mehta did not object to it. The notes were supplied to the wife on October 16.
Case Details: GITANJALI J. ANGMO v UNION OF INDIA AND ORS|W.P.(Crl.) No. 399/2025
The writ petition has been filed by Advocate on Record, Dr Sarvam Ritam Khare.
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