The
Centre on Monday opposed in the Supreme Court the request made by
climate activist Sonam Wangchuk to appear through video conferencing
from Jodhpur jail in the case related to his detention under the
National Security Act.
The top court was hearing a plea filed by
Gitanjali J Angmo, wife of Wangchuk, alleging that his detention was
illegal and an arbitrary exercise that violated his fundamental rights.
Senior advocate Kapil Sibal, appearing for Angmo, told a bench of
Justices Aravind Kumar and N V Anjaria that the activist wanted to be
connected via video from jail and sought permission from the bench.
Solicitor General Tushar Mehta, appearing for the Centre, opposed the
request, saying, "We will have to give the same treatment to all
convicts across the country."
The top court adjourned the matter for
hearing on December 15.
On November 24, the top court had deferred the
matter after Solicitor General Tushar Mehta, appearing for the Centre
and the UT of Ladakh, sought time to respond to the rejoinder filed by
Angmo.
On October 29, the top court sought responses from the Centre
and the Ladakh administration on an amended plea of Angmo.
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 amended plea by Angmo contended that the detention order
is founded upon 'stale FIRs, vague imputations, and speculative
assertions, lacks any live or proximate connection to the purported
grounds of detention and is thus devoid of any legal or factual
justification'.
Such an arbitrary exercise of preventive powers
amounts to a gross abuse of authority, striking at the core of
constitutional liberties and due process, rendering the detention order
liable to be vitiated by this court, it alleged.
The plea said it is
wholly preposterous that after more than three decades of being
recognised at the state, national, and international levels for his
contributions to grassroots education, innovation, and environmental
conservation in Ladakh and across India, Wangchuk would suddenly be
targeted.
Angmo said the unfortunate events of violence in Leh on
September 24 cannot be attributed to the actions or statements of
Wangchuk in any manner.
Wangchuk himself condemned the violence
through his social media handles and categorically stated that violence
would lead to the failure of Ladakh's tapasya and peaceful pursuit of
five years, Angmo said, adding it was the saddest day of his life.
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 can be revoked earlier. -- PTI