Wangchuk ‘fit and hale’, can’t be released on health grounds, Centre tells SC

Maintaining that activist Sonam Wangchuk — detained under the National Security Act (NSA), 1980, in Jodhpur Central Jail since September 26, 2025 following violent protests in Ladakh — was “fit, hale and hearty”, the Centre on Wednesday told the Supreme Court that it was not possible to release him on health grounds.

Solicitor General Tushar Mehta told a Bench of Justice Aravind Kumar and Justice PB Varale that exceptions could not be made in preventive detention matters.

“We have examined his health periodically for 24 times. He is fit, hale and hearty. He had some digestive issue, he is being treated. There is nothing to worry, nothing alarming. 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 also. We have given utmost consideration,” Mehta told the Bench.

He, however, said that Wangchuk had developed certain digestive issues for which treatment was being provided.

Wangchuk’s wife, Gitanjali Angmo, has challenged his detention, terming it “illegal, arbitrary and unconstitutional”, and contending that the detention order violated her husband’s fundamental rights under Articles 14 (right to equality), 19 (freedoms), 21 (right to life and liberty) and 22 (protection against arrest and detention in certain cases) of the Constitution.

Earlier, Angmo had moved an application seeking directions for Wangchuk’s examination by a specialist doctor, stating that he had frequently complained of stomach pain. Following the court’s order, Wangchuk was examined by doctors at AIIMS Jodhpur and a report was submitted before the court.

On February 4, the top court had asked the Centre to consider whether Wangchuk’s detention could be reconsidered in view of his health condition.

“Apart from submissions, counter submissions and law points, just give a thought to it, as an officer of the Court. The detention order was passed on September 26, 2025, nearly five months. Considering the health condition of the detainee… The report which we saw earlier shows that his health is not that good. There are certain age-related issues, maybe otherwise. Is there a possibility for the government to rethink or even relook,” the Bench had told Additional Solicitor General KM Nataraj.

On Wednesday, Nataraj alleged that Wangchuk was a chief provocateur in the protests and had instigated youths by referring to movements such as the Arab Spring and developments in Nepal.

Wangchuk was detained under Section 3(2) of the NSA two days after protests demanding Ladakh’s statehood and Sixth Schedule status turned violent, leaving four persons dead and nearly 100 injured.

The NSA empowers the Centre and states to detain individuals to prevent them from acting in a manner “prejudicial to the defence of India”. The maximum detention period is 12 months, though it may be revoked earlier.

Wangchuk had on January 29 denied exhorting supporters to overthrow the government like the Arab Spring and asserted his democratic right to criticise and protest. The Centre and the Ladakh Administration have defended the detention, stating that he was instigating people in a sensitive border region.