Wangchuk's detention order suffers from gross illegality and arbitrariness, Supreme Court told

'Out of the five FIRs relied upon, three pertained to 2024, bearing no proximate, live, or rational nexus to the detention of Wangchuk in September 2025'

The Supreme Court was on Wednesday told that the detention of activist Sonam Wangchuk was not based on genuine concerns of public order or security, and it suffered from gross illegality and arbitrariness.

Gitanjali J Angmo, the wife of the activist, claimed the detention order relied upon stale, irrelevant, and extraneous FIRs. 

"Out of the five FIRs relied upon, three pertained to the year 2024, bearing no proximate, live, or rational nexus to the detention of Wangchuk in September 2025. Moreover, three FIRs were registered against "unknown persons, do not name, Wangchuk," her fresh application read. 

Her plea contended there was thus no clear, live, proximate, or intelligible connection between the FIRs and the preventive detention of Wangchuk under the NSA, 1980.

On Wednesday, a bench of Justices Aravind Kumar and N V Anjaria, allowed Angmo to amend her petition within a week. The court scheduled her matter for further hearing on November 24. 

Senior advocate Kapil Sibal, appearing for Angmo, submitted that he has filed the amended application by adding more grounds challenging his detention order.

Wangchuk is currently lodged in Jodhpur Central Jail in Rajasthan.

Angmo stated that the respondents, including the Centre, have violated safeguards under Section 11(1) of the NSA.

"Wangchuk has not been afforded an effective opportunity to make a representation before the Advisory Board, thereby rendering the statutory safeguard illusory. Section 11(1) of the NSA necessarily contemplates that the detenu must not only be informed of his right of representation but must be placed in a fair position to exercise that right effectively, with access to all material relied upon by the detaining authority," her plea said.

The activist was arrested on September 26 under the NSA in the wake of the violent protests which erupted in Ladakh over the demand for statehood for the region.

His wife claimed that by denying the authorised "friend" access to the complete grounds and supporting material, the detaining authority effectively obstructed Wangchuk's preparation of a meaningful representation, thereby frustrating the very object of Section 11(1) of the NSA in contravention of settled law.

"The continued detention of Wangchuk should be vitiated on account of the grave and incurable procedural lapses committed by the respondents. These lapses strike at the foundation of the constitutional and statutory safeguards embodied under the NSA, 1980," her plea contended. 

The court on October 6 issued notice and sought a response from the Centre, Union Territory of Ladakh, Superintendent of Police, Jodhpur Central jail, after hearing the plea of Angmo against his detention under the National Security Act (NSA) and seeking his release.

Wangchuk was arrested on September 26, after the violence in Ladakh claimed the lives of four people and left scores of others injured over the demand for statehood for the region.

The Leh District Magistrate earlier told the court that activist Wangchuk indulged in activities prejudicial to national security, resulting in his detention under the National Security Act.