New Delhi, Oct 14 The Leh administration has filed an affidavit before the Supreme Court defending the detention of Ladakh-based climate activist Sonam Wangchuk under the National Security Act (NSA), stating that the action was taken “lawfully” after considering all relevant material.
The DM of Leh, Romil Singh Donk, said that the detention order was passed on September 26 after he was “satisfied and continues to be satisfied of the detention of the detenue,” based on activities “prejudicial to the security of the State, maintenance of public order and services essential to the community.”
“Order of detention came to be passed by me after duly considering the material placed before me, as mandated under law, and after arriving at a subjective satisfaction on the circumstances that prevailed within the local limits of the jurisdiction where Sh. Sonam Wangchuk had been indulging in activities prejudicial to the Security of the State, Maintenance of Public Order and Services essential to the community, as mentioned in the grounds of detention,” read the affidavit filed before the top court.
Refuting allegations that Wangchuk was detained illegally and treated improperly during his detention, the Leh administration termed the petitioner’s claims “baseless,” adding that the detention was carried out “in strict adherence to procedural safeguards under Article 22 of the Constitution and Section 8 of the NSA”.
The affidavit pointed out that Wangchuk and his family were promptly informed of the detention and his transfer to Jodhpur Central Jail on the same day.
“The authorities duly informed the wife of the detainee about the detention and the place of his detention,” the affidavit said, adding that authorities also issued a press statement regarding the detention on September 26.
It further stated that the grounds of detention were communicated to Wangchuk on September 29, within the mandatory five-day period as stipulated under Section 8 of the NSA, and that he acknowledged receipt with his signature.
“Therefore, all pleadings as regards the Detenue or the Petitioner not being informed of the Order of detention under the National Security Act, 1980, are completely false and misleading,” the affidavit said. The affidavit also mentioned that Wangchuk was medically examined multiple times and found to be “medically and physically fit.”
It further said that he informed the medical officer he was “not on any medication.”
The affidavit pointed out that “nearly a fortnight has elapsed since detention, yet no representation has been made by Sh. Sonam Wangchuk to the detaining authority against his detention,” though his wife sent a letter addressed to the President and neither to the Advisory Board nor to any of the statutory authorities.
The affidavit concluded that all procedures under the NSA were complied with in time and that the Advisory Board had been duly constituted and informed the detainee of his right to make a representation.
A 2-judge Bench of Justices Aravind Kumar and N.V. Anjaria of the Supreme Court is slated to hear on Wednesday a writ petition filed by Gitanjali J. Angmo, wife of Sonam Wangchuk, challenging Wangchuk’s detention under the NSA.
--IANS
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