No Objection To Sonam Wangchuk Sharing Notes Prepared Against Detention With Wife : Union Tells Supreme Court

The Union Government on Wednesday (October 15) told the Supreme Court that they have no objection to Ladakh social activist Sonam Wangchuk sharing the notes he has prepared to challenge his detention with his wife Dr.Gitanjali Angmo.Taking note of this submission, the Court adjourned the petition filed by Gitanjali Angmo challenging Wangchuk's detention under the National Security Act till October 29, after the petitioner's counsel, Senior Advocate Kapil Sibal, expressed the desire to amend the petition to include certain additional grounds and reliefs.Before a bench comprising Justice Aravind Kumar and Justice NV Anjaria, Sibal said that Wangchuk was not allowed to share the notes with his wife. "He has made certain notes on the detention which he wanted to pass to the lawyer for his wife. Whatever notes he prepares, he is entitled to the assistance of the lawyer. All that we want that is the notes be passed."Solicitor General Tushar Mehta, for the Union, responded that he has no problem with the notes being shared with the wife, but the delay in providing the grounds of detention to the wife should not become a ground to challenge the detention. He also added that Wangchuk asked for a laptop to be granted in order to prepare the notes on the grounds of the challenge.He said: "My apprehension, mylords are aware of the law on detention. Delay in making a representation is a ground. Normally, under the law and the statute, it is the detainee who makes the representation. However, if anyone else wants to know the grounds, we have no difficulty. I am not objecting to [notes being passed on to the wife]. Only caveat is, delay of two days in making representation is a valid ground for challenging...Please clarify that this will not be used as a ground. What happens is, I am a detainee, I have the right to make a representation on 10 and your lordships are granting permission on 15, they will say since the permission was not being granted unless Court intervened, there is five days of delay. He was having a legal consultation.There are several things that have happened. There are attempts to create grounds of challenge."Sibal clarified that they are challenging the detention only on the grounds served to them by the Union. He added that the petitioner may be allowed to amend his prayers through filing an interlocutory application so that the matter can be continued, which the Court allowed.Justice Kumar informed SG Mehta that the Court will not express any opinion on that issue.The Court observed in the order: "Kapil Sibal, learned senior counsel, would submit that the detainee has prepared certain notes and the same are required to be shared with the petitioner(wife), and she prays for suitable directions to be issued. Tushar Mehta, learned Solicitor General, would submit that they would have no [objection] with the detainee sharing notes with his wife. However, any possible ground that may be urged in this regard is to be struck off. At this stage, we are not expressing any opinion in this regard and keeping it open the contention in that regard. Placing the submission by learned Solicitor General, we direct this matter to be relisted on 29 October."The writ petition filed under Article 32 is a habeas corpus petition seeking the release of Wangchuk, reportedly lodged in a jail in Jodhpur. According to the writ petition, Angmo has challenged the detention as illegal under Article 22, as no grounds for arrest have been provided to either of them. The Union Government, Ladakh Administration and the Superintendent of the Jodhpur Central Jail are the respondents in the petition.On the last occasion, when notice was issued, Sibal had argued that the grounds of detention hadn't been served to them. In contrast, SG Mehta submitted that there is no legal requirement for the grounds of detention to be communicated to the wife. Sibal had replied that he would not be relying on the non-supply of the grounds of detention to the wife as a ground to challenge the detention, and that he was seeking them so that the detention itself can be challenged.During the last hearing, Justice Kumar also asked why the petitioner had not approached the High Court. Sibal replied that the detention order was passed by the Central Government and asked which High Court could be approached. "You tell us. Answer this question also next date," Justice Kumar said.Yesterday, the Leh District Magistrate filed an affidavit in the Supreme Court denying that the detention was illegal. The authority also stated that the grounds of detention were supplied to Wangchuk within the statutorily mandated timelimit and that he is yet to make any representation against his detention. The Jodhpur Central Jail Superintendent stated in a separte affidavit that Wangchuk's wife, brother and lawyers were allowed to meet him in jail.Case Details: GITANJALI J. ANGMO v UNION OF INDIA AND ORS|W.P.(Crl.) No. 399/2025Click Here To Read/Download Order

No Objection To Sonam Wangchuk Sharing Notes Prepared Against Detention With Wife : Union Tells Supreme Court

Gursimran Kaur Bakshi

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