Wangchuk can’t be released on health grounds, nothing alarming: Centre tells SC

“Apart from the submissions, counter submissions and law points, give it a thought as the officer of the Court. The detention order was passed on September 29, 2025, nearly five months (ago). Considering more, particularly his health and condition of the detenue…which is certainly not very good. Even the report which we saw earlier… shows that his health is not that good, and there are certainly age-related (factors). Is there any possibility for the Government to rethink?,” Justice P B Varale had said.

Mehta added: “We can’t make exceptions like this. The grounds on which the detention order was passed continue. It will not be possible to release him on health grounds. It may not be desirable, either. Since it has fallen from the court, we have given utmost consideration.”

Meanwhile, hearing arguments by the Centre and the Union Territory administration opposing the petition, the bench wondered if the authorities were not “reading…too much” into his statements.

Appearing for the detaining authorities, Additional Solicitor General K M Nataraj said Wangchuk has been saying that what happened in Nepal will happen in India too. He also referred to other alleged objectionable statements of Wangchuk.

The bench said, “Read the complete sentence. He is expressing that this is something which is not welcome. This is worrying. If someone expresses a violent method, (it) is not proper. He is worrying. That’s his expression. We will have to take the entire statement. Therefore, read it. First sentence — we are taking the Gandhian way and if someone is not taking it, departure from the non-violent way is something worrying.”

Nataraj said Wangchuk was using “hybrid expressions”.

“Too much of reading into it,” said Justice Kumar.

Later in the hearing, S G Mehta while referring to the bench mentioning Mahatma Gandhi said, “There is a stark distinction… chalk and cheese difference. Let’s not glorify something which is completely anti-India with the Father of the Nation… Let it not become tomorrow’s headline that your lordships compared the petitioner to Gandhiji… With this health facade also manufactured and synthesised, followed by a social media facade…”

The bench said it is not concerned with what will come out elsewhere and that it will not go by what appears on social media. Mehta said, “Your lordships will not but attempts are being made. What he is saying… sitting at a place… which is a border state of China and Pakistan.”