New Delhi, Oct 3: In a significant development, Solicitor General Tushar Mehta informed the Delhi High Court on Thursday that climate activist Sonam Wangchuk and his associates have been released from detention. This announcement comes as part of the ongoing legal proceedings concerning Wangchuk’s arrest and the contentious prohibitory orders issued by the Delhi Police.
During a session before a bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela, Mehta stated that the Delhi Police’s prohibitory order, which restricted assemblies and protests in various parts of the city, has also been withdrawn. This decision reflects changing circumstances and addresses concerns regarding civil liberties in the capital.
The bench was considering petitions filed to secure the release of Wangchuk and his associates while simultaneously challenging the legality of the prohibitory orders imposed by the police. Wangchuk, along with approximately 120 individuals from Ladakh, was reportedly detained at the Delhi border on Monday night as they attempted to march towards the capital. Their objective was to advocate for the inclusion of Ladakh under the Sixth Schedule of the Indian Constitution, which pertains to the governance of tribal areas in several northeastern states, granting them “autonomous districts and regions.”
Leading the initiative dubbed ‘Delhi Chalo Padyatra,’ which commenced from Leh a month ago, Wangchuk aimed to draw attention to the pressing demands of the Ladakhi community. The Solicitor General noted, “The prohibitory order that was issued on September 30 has now been rescinded due to the evolving circumstances. As for those who were reportedly detained, it was not a detention in the strict sense; they are now free.”
He further mentioned that Wangchuk and his associates had visited Rajghat the previous day for approximately two hours, where they submitted a memorandum that was acknowledged by the Ministry of Home Affairs.
The court subsequently concluded the proceedings concerning the petitions after the legal representatives of the petitioners confirmed Wangchuk’s release. However, Advocate Prashant Bhushan, representing another petitioner, expressed concerns that some individuals still wanted to gather at Jantar Mantar to raise awareness but faced ongoing restrictions. He alleged that Wangchuk was not entirely free, stating, “According to our information, he is not fully free. They are preventing Sonam Wangchuk from meeting his associates, who are being held at different locations.”
In response, Justice Manmohan queried the necessity of calling someone who has been released, given that the Solicitor General had already confirmed their release. Mehta refuted Bhushan’s claims, describing them as “false statements.” He highlighted that the individual asserting that Wangchuk was not free was an advocate based in Himachal Pradesh and emphasized that all involved were indeed free.
Bhushan countered that he would file an affidavit to support his assertions and requested a postponement of the hearing until Friday. The court assured that should the statements prove to be false, appropriate action would follow.
In relation to the prohibitory orders, Mehta clarified that the order was rescinded on the night of October 2. Initially, the Delhi Police had implemented Section 163 (previously Section 144 of the CrPC) across several districts and jurisdictions bordering other states, effective from September 30 to October 5. This had raised concerns regarding the constitutional rights of individuals to assemble and protest peacefully.
This situation continues to unfold as the court seeks clarity on the status of the detainees and the implications of the prohibitory orders on civil liberties in the capital.