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No objection to Sonam Wangchuk sharing notes against detention with wife: Centre
The Union government on Wednesday told the Supreme Court that it had no objection to activist Sonam Wangchuk sharing the notes he had prepared while in jail to challenge his detention with his wife, Gitanjali Angmo, reported Live Law.
It also said that the grounds for Wangchuk's detention had been supplied to Angmo.
Advocate Kapil Sibal, appearing for Angmo, then sought the Supreme Court's permission to amend her petition challenging Wangchuk's arrest to include the grounds for detention, reported Bar and Bench.
A bench of Justices Aravind Kumar and NV Anjaria took note of the submission and adjourned the matter till October 29.
Wangchuk was arrested in Leh on September 26, two days after four persons were killed in police firing during protests seeking statehood for Ladakh and its inclusion in the Sixth Schedule of the Constitution. He was later taken to the jail in Jodhpur.
On September 24, demonstrators had clashed with and threw stones at the police, and set fire to the Bharatiya Janata Party office and a police vehicle.
The Union government has claimed that the violence was incited by Wangchuk's “provocative statements”.
On October 2, Angmo had filed the habeas corpus plea seeking Wangchuk's immediate release. A habeas corpus is a petition through which a court can order the authorities to produce a person before it to verify if they have been lawfully detained.
During a hearing on October 6, the Supreme Court verbally asked the Union government to consider sharing the grounds for arresting Wangchuk with Angmo.
This had come after Solicitor General Tushar Mehta, appearing for the Union government, submitted that there was no legal requirement to do so to the wife of the person in custody. He highlighted that Wangchuk was immediately told about the grounds for his arrest in accordance with Section 8 of the National Security Act.
In response, Sibal stated that the petitioner required the grounds for detention to be able to challenge the detention itself.
During the hearing on Wednesday, Mehta reiterated that Wangchuk was not suffering from any major ailments warranting medication, reported Bar and Bench.
On August 5, 2019, the Bharatiya Janata Party-led Union government abrogated the special status of Jammu and Kashmir under Article 370 of the Constitution and bifurcated the state into the Union Territories of Jammu and Kashmir, and Ladakh.
The lack of a legislature in Ladakh has led to increasing insecurities among the residents of the Union Territory about their land, nature, resources and livelihoods and stoked fears that the region's cultural identity and fragile ecosystem may be in jeopardy.
In this backdrop, civil society groups have been demanding that Ladakh be included in the Sixth Schedule of the Constitution, which would allow for the creation of autonomous development councils to govern land, public health and agriculture.
Following Wangchuk's detention, the Apex Body Leh and Kargil Democratic Alliance withdrew from ongoing talks with the government, stating that “talks cannot be held at gunpoint”.
On October 5, Wangchuk said that he was prepared to remain in jail until an independent judicial inquiry is ordered into the deaths of the four persons during police firing in Leh.
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Source: Scroll
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