Supreme Court Urges Centre to Reconsider NSA Detention of Ladakh Activist Sonam Wangchuk
The Supreme Court of India has raised significant questions regarding the continued detention of Ladakh activist Sonam Wangchuk under the stringent National Security Act (NSA). During a hearing on Wednesday, the court specifically asked the Centre if there is any possibility of a rethink, particularly in light of Wangchuk's deteriorating health condition and age-related factors.
Judicial Concern Over Health and Detention Duration
Justice P B Varale, part of a two-judge bench presided by Justice Aravind Kumar, directly addressed Additional Solicitor-General KM Nataraj representing the Centre. The bench emphasized that the detention order was passed on September 29, 2025, making it nearly five months since Wangchuk has been held. Justice Varale stated, "Apart from the submissions, counter-submissions and law points, give it a thought as the Officer of the Court. Considering his health...which is certainly not very good. Even the report which we saw earlier shows that his health is not that good, and there are certainly age-related factors."
The court's concern stems from medical reports submitted earlier when Wangchuk complained of frequent stomach pain. The bench had previously allowed him to be examined by a specialist doctor, and the subsequent medical findings have clearly indicated health issues that warrant judicial attention.
Background of the Case and Legal Proceedings
The bench is currently hearing a petition filed by Wangchuk's wife, Gitanjali J Angmo, challenging his detention under the NSA. Sonam Wangchuk was originally detained on September 26, 2025, just two days after violent protests demanding statehood and Sixth Schedule status for Ladakh resulted in four fatalities and 90 injuries in the Union Territory.
During the proceedings, Additional Solicitor-General Nataraj presented the government's position, arguing that Wangchuk's provocative speeches had directly contributed to the protests turning violent. The law officer maintained that prevention detention under NSA is justified when a person demonstrates the propensity to influence groups toward violent acts, even without active participation in those acts.
Nataraj also pointed out that Wangchuk had only challenged the initial detention order by the district magistrate, not the subsequent orders passed by the state government and the advisory board that upheld the detention decision.
Government's Response and Next Steps
In response to the court's questioning, Additional Solicitor-General Nataraj stated that he would take instructions from the government and appraise the bench accordingly. This indicates that the Centre will need to seriously consider the judicial suggestion regarding Wangchuk's detention, particularly given the health concerns raised by the Supreme Court.
The case highlights the ongoing tension between national security concerns and individual rights, with the judiciary actively questioning the proportionality and necessity of continued detention under preventive laws. The Supreme Court's intervention suggests a careful balancing act between state security imperatives and humanitarian considerations, especially when detainees face health challenges.
As the legal proceedings continue, all eyes will be on whether the Centre heeds the court's suggestion to reconsider Wangchuk's detention, potentially setting important precedents for how preventive detention cases are handled when health becomes a significant factor in the equation.
