Supreme Court Urges Government to Review Sonam Wangchuk’s Detention Under NSA

New Delhi – The Supreme Court on Wednesday orally advised the Union government to reconsider the continued preventive detention of Ladakh-based social activist Sonam Wangchuk under the National Security Act (NSA).

A bench comprising Justices Aravind Kumar and P.B. Varale was hearing a habeas corpus petition filed by Wangchuk’s wife, Dr. Gitanjali Angmo, who alleged that his detention was illegal and an arbitrary violation of his fundamental rights.

During the proceedings, the bench noted that Wangchuk has remained in custody since September 26, 2025. The court also observed that medical reports submitted before it indicated that his health condition was not satisfactory. The bench suggested to Additional Solicitor General (ASG) K.M. Nataraj that the government should consider whether there was scope to review the continuation of his detention.

Responding to the court’s observations, ASG Nataraj assured the bench that he would seek instructions from the relevant authorities.

Defending the government’s decision, the ASG argued that the NSA is a preventive law aimed at stopping individuals from engaging in activities that could threaten public order or national security. He maintained that preventive detention is not punitive but is based on the discretion of the detaining authority. He added that the District Magistrate had issued the detention order after carefully evaluating the available evidence.

Nataraj further submitted that Wangchuk’s speech delivered on September 24, 2025, was allegedly provocative and led to violent protests in Leh, which resulted in four deaths and injuries to 161 people. He also contended that while Wangchuk challenged the initial detention order, he did not challenge subsequent orders extending his detention.

However, the bench indicated that if the original detention order is found legally flawed, including due to lack of proper application of mind, subsequent approvals would not stand independently. The court remarked that if the detention order is quashed, all related actions would automatically become invalid.

In an earlier hearing, the Supreme Court had taken note of Wangchuk’s health concerns and directed that he be examined by a specialist from a government hospital. The medical report was later submitted to the court in a sealed cover.

With inputs from IANS