New Delhi, Feb 12: The Centre told the Supreme Court on Thursday that climate activist Sonam Wangchuk, who is under detention in Rajasthan’s Jodhpur jail, was the chief provocateur of the violence in Leh on September 24 last year.
Additional Solicitor General K M Nataraj, appearing for the Centre, told a bench of Justices Aravind Kumar and P B Varale, that after Wangchuk’s detention, the agitation and violence came under control.
“He was the chief provocateur that led to the violence in which four were killed and 60 injured. The detention order shows expressed link, there is clear application of mind there.
“After his detention, the agitation and violence came under control. Hence it’s proved that the detention order is perfect order which was justified in the situation,” Nataraj told the bench.
The law officer submitted that all these procedural requirements have been meticulously complied for Wangchuk’s detention.
“All procedural requirements under the law has been meticulously complied with. Once there is compliance of statutory requirements, there is no question to sit over the subjective satisfaction of the detaining authority. Such order can be passed on suspicion or reasonable probability,” he said.
The top court has now posted the matter for hearing on February 16.
The Centre on Wednesday had said that Wangchuk has been examined medically 24 times since his detention and he is “fit, hale and hearty” and there is nothing alarming.
Solicitor General Tushar Mehta had told the bench that grounds on which Wangchuk’s detention order was passed continue and it will not be possible to release him on health grounds.
The top court was hearing a habeas corpus petition filed by Wangchuk’s wife Gitanjali Angmo seeking to declare his detention under the National Security Act (NSA), 1980, as illegal.
The NSA empowers the Centre and states to detain individuals to prevent them from acting in a manner “prejudicial to the defence of India”. The maximum detention period is 12 months, though it can be revoked earlier.
Angmo said the unfortunate events of violence in Leh on September 24 last year cannot be attributed to the actions or statements of Wangchuk in any manner.
Wangchuk himself condemned the violence through his social media handles and categorically said violence would lead to the failure of Ladakh’s “tapasya” and peaceful pursuit of five years, Angmo said, adding it was the saddest day of his life.
