New Delhi, Oct 15 (UNI) The Supreme Court today recorded the union Government’s statement that it has no objection to Ladakh-based climate activist Sonam Wangchuk sharing with his wife, Dr. Gitanjali Angmo, the notes he has prepared to challenge his detention.
A Bench comprising Justice Aravind Kumar and Justice N.V. Anjaria was hearing a habeas corpus petition filed under Article 32 by Dr. Angmo seeking Wangchuk’s release from detention under the National Security Act (NSA).
Taking note of the Centre’s submission, the Court adjourned the matter to October 29 after senior advocate Kapil Sibal, appearing for the petitioner, sought time to amend the petition to add new grounds and reliefs.
Sibal informed the Bench that Wangchuk had made certain notes on his detention which he wished to share with his wife for the purpose of legal consultation.
He argued, “Whatever notes he prepares, he is entitled to the assistance of his lawyer. All that we seek is permission for these notes to be passed on.”
Responding to this, Solicitor General Tushar Mehta, appearing for the union Government, said there was no objection to Wangchuk sharing his notes with his wife. However, he cautioned that the delay in receiving the grounds of detention should not later be used as a basis to challenge the detention itself.
“My apprehension is that delay in making a representation could become a ground for challenge,” Mehta said, clarifying that while the detainee has the right to make a representation, any delay caused due to permission being sought from the Court should not be used against the authorities.
Sibal assured the Court that the petition was being amended only to include additional prayers based on the grounds already served by the Union, and not on any procedural delay.
The Bench then granted permission to file an interlocutory application to amend the petition.
Recording the submissions, the Court observed, “Kapil Sibal, senior counsel, submitted that the detainee has prepared certain notes which are required to be shared with the petitioner (wife).
The Solicitor General stated that the union has no objection to the detainee sharing these notes.
However, any possible ground urged in this regard shall be struck off.
“At this stage, we are not expressing any opinion and keep the contention open. The matter will be relisted on October 29.”
The petition, filed by Dr. Angmo, contends that Wangchuk’s detention is illegal under Article 22 of the Constitution as the grounds for his arrest have not been communicated to him or his family.
The respondents in the case include the union Government, the Ladakh Administration and the Superintendent of Jodhpur Central Jail where Wangchuk is reportedly lodged.
Earlier, when notice was issued, Sibal had argued that the grounds of detention had not been served to the petitioner, while Mehta maintained that there was no legal obligation to provide them to the detainee’s wife.
When Justice Kumar asked why the petitioner had not approached the High Court, Sibal clarified that since the detention order was passed by the Central Government, the question arose as to which High Court would have jurisdiction to hear the matter.
