During the hearing today, senior advocate Kapil Sibal, appearing for Gitanjali J Angmo, argued that there is a right to make representation not only to the advisory board but also to government. He further submitted that Section 5A of the National Security Act was not applicable in the case. Sibal argued that the grounds are simply a copy paste of the recommendation. He said that the material relied upon should have a proximate link to the detention order. He further argued that immaterial things were relied upon for detention.
Supreme Court to hear plea filed by Gitanjali J Angmo, the wife of jailed climate activist Sonam Wangchuk against his detention.Sonam Wangchuk Supreme Court Hearing News Updates: The Supreme Court today heard the plea filed by Gitanjali J Angmo, the wife of jailed climate activist Sonam Wangchuk, against his detention under the National Security Act (NSA). A bench of Justices Aravind Kumar and Prasanna B. Varale heard the case.
What happened in the hearing: In the hearing today senior advocate Kapil Sibal, representing Angmo argued that there is a right to make representation not only to the advisory board but also to government. He further submitted that Section 5A of the National Security Act was not applicable in the case. Sibal argued that the grounds are simply a copy paste of the recommendation. He said that the material relied upon should have a proximate link to the detention order. He further asserted that irrelevant material were relied upon for detention.
What is the case: Wangchuk was detained on September 26, 2025, under the NSA, which empowers governments to act pre-emptively against individuals seen as a threat to public order or national security. He was later shifted to Jodhpur. His detention came two days after violent protests demanding statehood and Sixth Schedule status for Ladakh left four people dead and 90 injured in the Union territory. The government had accused him of inciting the violence.
The bench has posted the matter for tomorrow (January 13)
Bench asks Sibal how much time will you take
Sibal: I will finish as quickly as possible
Sibal: There are FIR's that not name me but have been relied upon
Sibal: You have to rely upon something that has proximate link to the detention. Immaterial things are relied upon for detention
Sibal says the accusations are complete misrepresentation
Sibal: Many of the materials that have been relied upon are things that happened from March 2024 onwards and I was arrested in September
Sibal: These grounds are copy paste of the recommendations.
Bench: So you are saying there is no application of mind by the detaining authority?
Sibal: Yes
Sibal refers to the detention order
Sibal: If I am denied those documents, then my right to effective representation is taken away
Bench asks for the proposition.
Sibal: It cannot be applied on the ground of effective representation.
Sibal: How can a statute get into the mind of the detaining authority? He refers to (b) and questions how can a statute say that?
Bench: You are contending that section 5A is not attracted?
Sibal: It cannot be attracted
Sibal: In normal circumstances I would challenge all this as unconstitutional.
He reads the provision which says, “5A. Grounds of detention severable.—Where a person has been detained in pursuance of an order of detention [whether made before or after the commencement of the National Security (Second Amendment) Act, 1984 (60 of 1984)] under section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds."
and
accordingly—
(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the
grounds is or are—
(i) vague,
(ii) non-existent,
(iii) not relevant,
(iv) not connected or not proximately connected with such person, or
(v) invalid for any other reason whatsoever,
and it is not, therefore, possible to hold that the Government or officer making such order would have
been satisfied as provided in section 3 with reference to the remaining ground or grounds and made
the order of detention;
(b) the Government or officer making the order of detention shall be deemed to have made the
order of detention under the said section after being satisfied as provided in that section with
reference to the remaining ground or grounds.
Sibal: Section 5A introduced in 1984
Sibal now refers to the National Security Act, 1980, Section 5a
Bench requests Gitanjali Angmo to take seat.
Sibal: When people are on tenterhooks, they choose to stand.
Sibal now refers to Article 22(1) of the Constitution-
Protection against arrest and detention in certain cases
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
Sibal says he will list out 4 grounds to contest his client’s detention, including the previously raised ground that four videos were not given to him. I have not only the right to make representation to the advisory board but also to government.
Sibal to resume arguments shortly
Hearing likely to resume at 2.45pm
Sibal tells the bench that he has been informed that Solicitor General Tushar Mehta will not be able to attend the hearing till January 26.
Bench asks Sibal how much time he is going to take for submissions.
The bench will assemble shortly
Defending its use of the National Security Act (NSA) against climate activist Sonam Wangchuk, the Ladakh administration had earlier told the Supreme Court that due process was “faithfully and strictly” followed.
Wangchuk was detained under the stringent National Security Act (NSA) on September 26, two days after violent protests demanding statehood and Sixth Schedule status for Ladakh left four people dead and 90 injured in the Union territory. The government had accused him of inciting the violence.
The senior counsel had, in the previous hearing, pointed out that Wangchuk was saddened by the violence and exhorted the protestors to stop it.
Sibal had earlier argued that it was the constitutional duty of the detaining authorities to supply complete grounds of detention. He had said that the “infraction” was not that the detaining authority didn’t had these documents, but that they didn’t supply.
In the last hearing, Sibal had contended that Wangchuk was not provided with complete grounds of detention. Sibal had argued that the activist was never afforded a proper opportunity to make a representation to the authority concerned against detention.
He stressed that the law mandates that if the grounds of detention are not supplied to the detenu, the order (detention) is “vitiated”. Sibal referred to the case law on detention and the supply of grounds.
Wangchuk, booked by the Khaltsi Police Station in Leh District, Union Territory of Ladakh under Section 3 (2) of the National Securities Act, 1980, is accused of inciting violence in the region. He was leading a movement seeking statehood and protections under the Sixth Schedule for Ladakh before his arrest.
Sonam Wangchuk was detained under the National Security Act, 1980, which empowers the Centre and states to detain individuals to prevent them from acting in a manner “prejudicial to the defence of India, relations with foreign powers, the security of India, or the maintenance of public order or essential supplies”.
District Magistrates and Police Commissioners can also exercise these powers when authorised. Unlike an arrest under criminal law, NSA detention is preventive, not punitive and is designed to prevent an individual from committing an act deemed harmful.
Defending its use of the National Security Act (NSA) against Wangchuk, the Ladakh administration had, in October last year, informed the Supreme Court that due process was “faithfully and strictly” followed. The affidavit said the detention order was passed after “subjective satisfaction” that Wangchuk’s activities were prejudicial to the security of the state and maintenance of public order, and that all constitutional safeguards were observed.
The affidavit was filed in response to his wife Angmo’s petition challenging his detention under the National Security Act, 1980.
Wangchuk was booked by the Khaltsi Police Station in Leh District, Union Territory of Ladakh under Section 3 (2) of the National Securities Act, 1980. The climate activist was leading a movement seeking statehood and protections under the Sixth Schedule for Ladakh before his arrest.
