Supreme Court Issues Notice To Centre On Plea Against Sonam Wangchuk's Detention; Wife Seeks Grounds

The Supreme Court today(October 6) issued notice to the Central Government in a writ petition filed by Ladakh social activist and education reformer Sonam Wangchuk's wife, Gitanjali Angmo, challenging his detention under the National Security Act, 1980, following the recent violent clashes in Ladakh .

A bench comprising Justice Aravind Kumar and Justice NV Anjaria stated that the matter will be heard on next Tuesday (October 14).

The writ petition filed under Article 32 is a habeas corpus petition seeking the release of Wangchuk, reportedly lodged in a jail in Jodhpur. As per the writ petition, Angmo has challenged the detention as illegal under Article 22, as no grounds of arrest have been supplied to either of them. The Union Government, Ladakh Administration and the Superintendent of the Jodhpur Central Jail are the respondents in the petition.

Senior Advocate Kapil Sibal, for the petitioner, submitted that the grounds of detention should be served on her. Solicitor General of India Tushar Mehta submitted that the grounds of detention have been served on the detenu (Sonam Wangchuk). SG stated that there is no legal requirement for the grounds of detention to be communicated to the wife.

When Sibal pressed for an interim order for the supply of grounds to the petitioner, Justice Kumar said, "At this stage, we will not say anything." At the same time, Justice Kumar asked the Solicitor General what the impediment was in serving the grounds on the petitioner. SG repeated that there was no legal mandate to serve them to the wife of the detenu. He added that the petitioner was trying to create a new ground for challenge by raising the issue of non-supply.

Sibal said that without the grounds of detention, the detention order cannot be challenged. He clarified that the non-supply of the grounds of detention to the wife will not be taken as a ground to challenge the detention, and that he was seeking them so that the detention itself can be challenged.

SG agreed to examine the feasibility of serving the grounds to the petitioner. 

Sibal also raised the interim relief seeking medical support for the petitioner. In this regard, SG said that the detenu, when produced for medical examination, stated that he was not on any medication. However, the SG said that if there was any medical supplies were needed, they would be ensured.

Regarding Sibal's request that the petitioner (wife) be allowed to meet Sonam Wanghuck, Justice Kumar asked if she had made any request to meet him. Noting that she has not made any such formal request, Justice Kumar said that no such order can be passed. First, make a request and if it is rejected, then approach the Court, Justice Kumar said.

SG said that the petitioner was trying to create a "hype" and an "emotive issue" that the detenu was denied medical relief and meetings with his wife. "This is all just to portray in media and in that region that he is deprived of medicines and access to wife. Just to create an emotive atmosphere. That's all," SG said.

During the hearing, Justice Kumar also asked why the petitioner has not approached the High Court. Sibal replied that the detention order was passed by the Central Government and asked which High Court could be approached. "You tell us. Answer this question also next date," Justice Kumar said.

Case Details: GITANJALI J. ANGMO v UNION OF INDIA AND ORS|W.P.(Crl.) No. 399/2025

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