On October 3, 2024, during a hearing before the Delhi High Court, Solicitor General Tushar Mehta had declared to the Court that climate activist Sonam Wangchuk and his associates had been released from detention. He also stated that the Delhi Police’s prohibitory order against assemblies and protests in various areas of Delhi had been lifted. This information was shared with a bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela, as they considered petitions for Wangchuk’s release from detention and the legality of the police’s restrictions.
SG Mehta explained that the prohibitory order, initially enacted on September 30, was no longer applicable due to changing circumstances. He noted that around 120 individuals from Ladakh, including Wangchuk, had been detained by police at the Delhi border while marching to the capital to demand constitutional protections under the Sixth Schedule of the Constitution. However, as per a report of The Hindu, Sonam Wangchuk’s movements continued to be restricted by police and security agencies.
Background:
A petition had been filed before the Delhi High Court seeking release of climate activist Sonam Wangchuk and others, who were detained at Delhi’s Singhu border on the night of September 30, 2024. In a questionable late-night operation, before either he or other activists could enter the national capital, Delhi Police detained them. The foot march was scheduled to end at Rajghat on Gandhi Jayanti to mark the birth anniversary of the father of the nation on October 2. The petition filed for their release was mentioned before the bench of Chief Justice Manmohan and Justice Tushar Rao Gedela by advocate Vikram Hegde on October 1, 2024. However, an urgent hearing of the plea was declined. (A detailed report may be read here)
Court proceedings on detention and prohibitory order
During the court hearing, Solicitor General Tushar Mehta informed the bench that the prohibitory order issued on September 30 had been withdrawn due to changed circumstances. He stated, “The (prohibitory) order which was passed on September 30 now stands withdrawn in view of changed circumstances as they exist now. So far as persons who were allegedly detained, it was not detention in that sense, but they are also out.” He added that the detained individuals had visited Rajghat for about two hours, where they submitted a memorandum that was accepted by the Ministry of Home Affairs.
The court subsequently closed the proceedings on petitions filed by social activist Azad, who had been working closely with Wangchuk, and lawyer Mustafa Haji, the legal advisor to the Leh Apex Body, after their representatives confirmed the release of the detained individuals.
However, Advocate Prashant Bhushan, representing another petitioner, contended that some individuals still wished to gather at Jantar Mantar to raise awareness but were under restraint. He asserted that Wangchuk was “not totally free,” stating, “According to our information, he is not totally free. They are not allowing Sonam Wangchuk to meet his other associates. They are kept in different places. Sonam Wangchuk has been taken apparently to Ladakh Bhawan and others are kept in Ambedkar Bhawan… There are still some restrictions. Let Mr. Sonam Wangchuk be produced in court.”
In response to Bhushan’s claims, Justice Manmohan questioned the need to summon someone already declared free, emphasising the Solicitor General’s prior statement confirming their release. SG Mehta objected to the assertion made by Bhushan, labelling it a “false statement.” He added, “This petitioner is an advocate practicing in Bilaspur, Himachal Pradesh, and one of the persons marching with the group. Somebody in Himachal says as per my information they are not free and those who are with him say everyone is free. They want to keep the pot boiling.”
Bhushan indicated that he would file an affidavit to support his claims and requested the court to postpone the hearing until Friday. The court responded that if the Solicitor General’s statement was found to be false, they would take appropriate action. Furthermore, Bhushan argued that the prohibitory order violated Supreme Court decisions, asserting that individuals could not be detained for more than 48 hours without legal justification.
Mehta clarified that the prohibitory order had been officially withdrawn on the night of October 2. Initially, the order issued by the Delhi Police had directed the imposition of Section 163 (formerly Section 144 of the CrPC) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 across New Delhi, North and Central districts, and at police stations bordering other states from September 30 to October 5.
It is to be noted that as per a report in The Hindu, Sonam Wangchuk’s movements continued to be restricted by police and security agencies. On Thursday, October 3, 2024, The Hindu had reported that around 5 p.m., security personnel in plain clothes stopped Wangchuk from leaving the Ladakh Bhavan. A significant police presence was deployed outside the government guest house, with barricades placed at the entrance.
Detention as the response for march for Constitutional safeguards?
Activist Wangchuk had led a march of approximately 150 people from Ladakh on September 1, advocating for constitutional protections for the region. He and his delegation were detained by Delhi Police upon arriving at the Delhi-Haryana border in Singhu on September 30. The march aimed to culminate on October 2 at Rajghat, coinciding with Mahatma Gandhi’s birth anniversary, where a sit-in was planned at Jantar Mantar.
However, the planned sit-in protest could not take place as the union had imposed prohibitory orders in Delhi, which were removed after October 2 had passed and the participants had been detained. After being held for nearly 40 hours, Mr. Wangchuk and other delegation members were escorted to Rajghat on October 2 under heavy police presence.
Ladakh Member of Parliament Mohmad Haneefa told The Hindu that he himself was detained for a day when he tried to reach the Singhu border to support the protesters from Kargil. He sought clarification from the government, emphasising that he was merely assisting his constituents as an elected representative. He has received assurances from the Union Government regarding a forthcoming meeting with either the Prime Minister or the Home Minister.
In reaction to the police’s actions, Rahul Gandhi criticised the government’s handling of the situation on X (formerly Twitter). He stated that the “Chakravyuh” would be broken, much like during the farmers’ protests, and that the government would ultimately have to heed Ladakh’s demands. He condemned the detention of elderly citizens, labelling it “unacceptable” for peacefully marching for their environmental and constitutional rights.
What do the citizens demand?
Since the withdrawal of Jammu and Kashmir’s special status under Article 370 in 2019, and the bifurcation of the region into two Union Territories, Ladakh has witnessed numerous protests. The Leh Apex Body and the Kargil Democratic Alliance, two influential civil society organisations in the region, are demanding statehood, inclusion in the Sixth Schedule of the Constitution. The sixth Schedule to the Constitution provides for implementation of specific measures to have an autonomous administration in tribal areas to protect the rights and identity of locals. At present, it is applicable only to Assam, Meghalaya, Tripura and Mizoram in northeast India. Few months ago, Wangchuk had been on a prolonged hunger strike to press for his demands which also include environmental protection in Ladakh. Last month, Wangchuk and others began the foot march to national capital.
The protesters participating in the March are calling for the resumption of talks through the high-powered committee (HPC), led by Minister of State for Home Nityanand Rai, which was formed in January 2023 to address local grievances. The committee last convened in March 2024, shortly before the general elections.
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