Habeas Corpus Plea on Wangchuk’s NSA Detention: Supreme Court Adjourns Hearing to Feb 11
The Supreme Court underscored that habeas corpus petitions require expeditious consideration, given that they directly concern personal liberty
Supreme Court heard a habeas corpus plea challenging Sonam Wangchuk’s detention under the National Security Act amid concerns over his health
The Supreme Court on Monday continued hearing a habeas corpus petition challenging the detention of climate activist Sonam Wangchuk under the National Security Act (NSA), even as the Bench expressed concern over his health and reminded the Centre of the urgency attached to such matters.
The petition has been filed by Gitanjali Angmo, seeking a declaration that Wangchuk’s detention under the NSA is illegal.
A Bench comprising Justices Aravind Kumar and P.B. Varale heard the matter.
At the outset, the Bench sought an update from the Centre. “Any progress?” Justice Kumar asked.
Additional Solicitor General K.M. Nataraj, appearing for the Union government, responded that there was “no progress as of now” in the review of the detention. This prompted the Bench to refer to concerns already on record regarding Wangchuk’s health.
Justice Varale pointed out, “Doctor says there is health issue.” However, the ASG maintained that the detainee’s condition was stable, stating, “His health is fine.”
The Court noted that it had recently urged the Central government to review Wangchuk’s continued detention in light of his deteriorating health. The Bench underscored that habeas corpus petitions require expeditious consideration, given that they directly concern personal liberty.
Nataraj informed the Court that he was occupied in another matter and sought an adjournment, suggesting that the case could be taken up on Wednesday, February 11, at 2 PM.
Justice Kumar responded firmly, reminding the law officer of the gravity of the proceedings. “You must understand it is a habeas corpus matter. It was our fault/ i was in another assignment. We could not take it on Friday,” he said, indicating the Court’s expectation that the issue be addressed without further delay.
Despite the Court’s remarks, the ASG sought some time. The Bench ultimately agreed to hear the matter day after tomorrow, fixing it for Wednesday.
On the last hearing, Centre had told the court that NSA safeguards were fully complied with and that detention followed statutory review process. Earlier, the Solicitor General had argued that the Court’s scrutiny in preventive detention cases is limited. He submitted that judicial review must focus on the existence of reasons for detention and whether fair treatment was accorded, without examining the sufficiency of those reasons unless they are “totally alien” to the statute. “Every word used in the detention order has contextual meaning, and every State has region-specific sensitivities,” Mehta had said.
had referred to the speeches made by Wangchuk and said, "This is a call for secessionist activity..Ladakh is essential to the supply chain for the forces at our border..He says Arab Uprise is the ideal, Bangladesh is the ideal, Nepal is the ideal...We know what kind of a change came in Bangladesh and Nepal...he wants that to happen in Ladakh..In a country united by the bond of Constitution..there is no 'their' government..its our government.."
"A blood bath took place in Arab countries and government of six countries were thrown out by this ARAB Spring which Wangchuk refers to..he wants the Gen Z to do this..the speech is an invitation to indulge in a civil war..he is urging impressionable youth to self immolate..", SG had added.
Sibal had earlier stated that the detention order is unconstitutional and procedurally flawed. Court was told that the detention was founded on four grounds, including four videos dated September 24, which were never supplied to the detenue. He told Court the detention order dated September 26, 2025, relied primarily on four videos dated September 10, 11 and 24, which were cited as the most proximate material leading to the detention.