'Examined Sonam Wangchuk's health 24 times, he is hale and hearty': Centre tells Supreme Court

During the hearing, Additional Solicitor General KM Nataraj submitted that Wangchuk was a chief provocateur in the violent protests and he instigated youths by giving examples of Nepal and Arab Spring.

New Delhi: The Union government on Wednesday claimed before the Supreme Court that activist Sonam Wangchuk, detained under the National Security Act, has been examined medically 24-times since his detention and he is "fit, hale and hearty" and there is nothing alarming.

The court, however, questioned the grounds for detaining Wangchuk under the National Security Act (NSA), observing that the Centre was reading “too much” into his statements.

A bench of Justices Aravind Kumar and Prasanna B Varale was informed by Solicitor General Tushar Mehta that grounds on which Wangchuk's detention order was passed continued to operate and it would not be possible to release him on health grounds.

"We have examined his health periodically for 24 times. He is fit, hale and hearty. He had some digestive issue; he is being treated. There is nothing to worry, nothing alarming. We can't make exceptions like this,” Mehta said.

He asserted that it will not be possible to release him on health grounds and it may not be desirable also.

"We have given utmost consideration,” Mehta submitted.

Additional Solicitor General K M Nataraj, also representing the Centre, submitted that Wangchuk was a chief provocateur in the violent protests.

He claimed that Wangchuk instigated youths by giving examples of Nepal and Arab Spring.

The bench, however, asked, “Where does he say that? He is saying they (the youth) have taken it. He himself is surprised.”

The counsel that the statement has to be inferred.

“Please come to the next ground. He says deployment of armed forces in Ladakh is unfortunate. He says youth say peaceful methods have not proved effective,” Nataraj said.

The bench, however, pointed out, “He is saying that the youth is saying that. Read the complete sentence. He is saying this is something worrying. If somebody expresses that violent method is not the proper way, You are doing too much of reading.”

The court also asked how Wangchuk's past statements were linked to the violence that broke out in Leh last year. Nataraj said that the situation in Ladakh was fragile and if preventive action had not been taken, the situation would have turned worse.

The bench, however, pointed out, “He is worried. We will have to take the entire sentence…read it…'some people are abandoning Gandhian peaceful ways. This is worrying'...the focus is departure from the non-violent way, departure is something worrying…”.

The court will continue to hear on Thursday a habeas corpus petition filed by Wangchuk’s wife Gitanjali Angmo to declare his detention under the National Security Act, as illegal.