The Union government on Monday opposed activist Sonam Wangchuk’s request to appear before the Supreme Court via video conference from the Jodhpur Central Jail in proceedings challenging his detention under the National Security Act, Live Law reported.

The request was made while a bench of Justices Aravind Kumar and NV Anjaria was hearing a petition filed by his wife, Gitanjali Angmo, who has argued that Wangchuk’s detention is illegal and violates his fundamental rights.

Wangchuk was arrested in Leh on September 26 under the National Security Act, 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 Rajasthan’s Jodhpur.

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Appearing for the Union government on Monday, Solicitor General Tushar Mehta said that such an “exception” cannot be made for Wangchuk.

“We will assist in opposing that only for the reason that throughout the country, wherever there is livestreaming, the accused and the convict will have to [be connected via video conferencing],” said Mehta.

The police firing and violence broke out on September 24. Demonstrators clashed with and threw stones at the police, and set fire to the Bharatiya Janata Party office and a police vehicle.

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The Union government has claimed that the violence was incited by Wangchuk’s “provocative statements”.

In October, Angmo filed a petition before the Supreme Court challenging his detention under the National Security Act. The petition names the Union government, the Ladakh administration and the Superintendent of Jodhpur Central Jail as respondents, Live Law reported.

Demand for constitutional safeguards

On August 5, 2019, the BJP-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.

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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.

Against 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, key regional groups Apex Body Leh and Kargil Democratic Alliance withdrew from ongoing talks with the government, stating that “talks cannot be held at gunpoint”.

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The Apex Body Leh and the Kargil Democratic Alliance are civil society coalitions that have been leading the movement seeking constitutional safeguards for Ladakh.


Also read: Nine false claims about Sonam Wangchuk – and why they fall flat