Leh administration defends Wangchuk's detention, tells SC he indulged in activities 'prejudicial to national security'

In an affidavit filed before the Supreme Court on Tuesday, the Ladakh administration alleged that climate activist Sonam Wangchuk had been indulging in activities prejudicial to the security of the state, maintenance of public order and services essential to the community... The affidavit filed by the district magistrate of Lehsought to defend the legal charges against the activist, stressing that his detention order under the stringent National Security Act (NSA) was passed after duly considering the material placed before him, as mandated under the law. And after arriving at a subjective satisfaction on the circumstances that prevailed within the local limits of the jurisdiction where Sonam Wangchuk had been indulging in activities prejudicial to the Security of the State, Maintenance of Public Order and Services essential to the community as mentioned in the grounds of detention. I was satisfied and continue to be satisfied of the detention of the detenue, the affidavit said. The affidavit was filed before a bench comprising Justices Aravind Kumar and N V Anjaria, in response to Wangchuk's wife, Gitanjali Angmo's petition challenging his detention under the NSA and seeking his immediate release. The affidavit stated that Wangchuk was categorically informed of his detention under the National Security Act, 1980, as well as about his transfer to Central Jail, Jodhpur, Rajasthan. The same was also immediately communicated telephonically to his wife Geetanjali Angmo, which she has acknowledged in her petition, the affidavit said. The Leh DM submitted that the grounds of detention along with the material, were communicated to the detenue. The detention order has been forwarded to the Advisory Board as required under section 10 of the National Security Act, 1980, by the Union Territory of Ladakh within the period prescribed under the said provision, along with the grounds on which the order is passed by me, the DM said. The affidavit added that Wangchuk has not made any representation as required under Section 10 of the National Security Act, 1980. The petitioner has, however, sent a letter addressed to the President of India and neither to the Advisory Board nor to any of the statutory authorities. Under the scheme of Section 10 of the Act, only the detenue can make a representation. However, since a copy of the letter addressed by the petitioner to the Hon'ble President of India is marked to the Union Territory of Ladakh, the said letter is also placed before the Advisory Board. The Advisory Board has intimated the detenue in writing to make a representation if he so chooses within one week from the date of the intimation, which is October 10, 2025, the affidavit said. The top court has posted the matter for hearing on Wednesday after senior advocate Kapil Sibal sought adjournment. Meanwhile, in a separate affidavit, the superintendent of the Jodhpur Central Jail, where Wangchuk has been lodged, informed the top court that the activist is not lodged in solitary confinement and is entitled to all rights available to a detenu, including access to visitors. The detenu was detained in a Standard Barrack in the General Ward, admeasuring 20 feet x 20 feet, where he continues to be detained till date and is the sole occupant of such prison barrack at present. In the interest of clarity, it is specifically stated that the detenu is not in a solitary confinement as he is entitled to all rights available to the detenues, the affidavit said. The jail superintendent divulged that Wangchuk, being in completely normal health, is consuming a normal diet every day since his detention. It is imperative to highlight that under the Rajasthan Prison Rules, 2022, Rule 538 prescribes that detenues under the National Security Act, 1980 shall not be permitted to communicate with their visitors without the presence of a local police personnel, who is acquainted with the facts of the case. To ensure scrupulous compliance and to ensure that the detenu can interact with his visitors, the Jail Administration has ensured the presence of local police personnel during visitation of the detenu, the affidavit said. The jail administration of Central Jail, Jodhpur has taken all possible measures to ensure that the detenu is given access to the visitors and to ensure that his visitation rights under the Prison Rules are not compromised in any manner, the affidavit added.