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SG Mehta strongly opposed Advocate Prashant Bhushan's assertions concerning the non-release of Wangchuk. He accused Bhushan of intentionally prolonging the petition for political motivations. Meanwhile, ASG Chetan Sharma characterized this as an attempt to "keep the pot boiling" for political purposes.
On Thursday, the Delhi High Court expressed confusion over the release of Sonam Wangchuk, a climate activist from Ladakh, and his 150 supporters. The court was informed by Solicitor General Tushar Mehta that the prohibitory orders of the commissioner, under which Wangchuk was detained, were withdrawn on October 2, 2024. Therefore, Wangchuk was released from police custody and visited Rajghat as well.
Advocate Vikram Hegde, representing Mustafa Haji, confirmed the release of Wangchuk and his associates by the Delhi Police. However, Advocate Prashant Bhushan, later that day, approached the court claiming that Wangchuk and his supporters were not released.
The bench of Chief Justice Manmohan and Justice Tushar Rao Gedela, while questioning Advocate Bhushan over the truthfulness of his allegations, directed SG Mehta to submit an affidavit by the Delhi Police confirming the release of Wangchuk and his associates.
The bench also warned Advocate Bhushan stating, "In case your contentions are false, We will take serious actions against your client".
Advocate Prashant Bhushan, representing one of Wangchuk’s associates, raised concerns about the conditions of their client's detention, stating that his client was not permitted to meet Wangchuk while he was in custody.
Advocate Prashant Bhushan, however, argued that the prohibitory order was an abuse of power, questioning how authorities could impose such a restriction citing elections in neighboring states while the prohibitions applied in Delhi. He attributed the withdrawal of the order to the petitioners’ decision to approach the High Court.
Furthermore, Advocate Prashant Bhushan suggested that Sonam Wangchuk should personally appear in court to confirm his release. However, the court questioned the necessity of summoning an individual who had already been released, per the confirmation by Advocate Hedge.
Concluding the hearing, the court allowed time for the submission of additional documents and affidavits and listed the matter for further hearing the next day. The court also assured SG Mehta that if an affidavit from police officials confirming Wangchuk’s release was filed, the case would be dismissed.
Background:
On September 30, 2024, Sonam Wangchuk, a prominent climate activist from Ladakh, was detained by the Delhi Police. His peaceful climate march, aimed at raising awareness about the environmental challenges faced by Ladakh, was abruptly halted due to prohibitory orders issued by the authorities, which remain in effect until October 6.
On the evening of September 30, Wangchuk, in a post on X (formerly Twitter), reported “I AM BEING DETAINED... along with 150 padyatris at Delhi Border, by a police force of 100s some say 1,000. Many elderly men & women in their 80s and few dozen Army veterans... Our fate is unknown. We were on a most peaceful march to Bapu’s Samadhi... in the largest democracy in the world, the mother of democracy... Hai Ram!”.
Wangchuk initiated his march on September 1, 2024, departing from Leh with the goal of reaching Raj Ghat, Mahatma Gandhi's memorial, by October 2. The purpose of the march was to advocate for the inclusion of Ladakh under Schedule 6 of the Indian Constitution, which grants special protections and autonomy to tribal areas.
Following the revocation of Article 370, Jammu & Kashmir was bifurcated, leading to the designation of Ladakh as a Union Territory. Wangchuk's demands include concrete measures for environmental protection and a call for statehood for Ladakh, aiming to ensure that local voices are heard in governance.
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