‘Missed judicial moment’: Gitanjali Angmo on Sonam Wangchuk NSA detention case

Angmo says revocation of Sonam Wangchuk’s detention under NSA corrects an error but leaves key constitutional questions unanswered

Ladakh: Gitanjali J Angmo, wife of climate activist, educator and scientist Sonam Wangchuk, has raised serious constitutional concerns over Wangchuk’s detention, saying the case warranted a judicial verdict rather than merely an executive rollback. Wangchuk was recently released on bail.

In a public statement, Angmo said the case brought into focus critical safeguards against misuse of the National Security Act, alleging multiple procedural lapses in the detention process.

She flagged reliance on truncated videos and incorrect transcripts, suppression of key exonerating material, and the use of stale FIRs and extraneous inputs. Angmo also alleged “glaring non-application of mind,” claiming the detention order was a verbatim copy of the police recommendation.

Among the most serious concerns raised was a reported 28-day delay in furnishing crucial material to the detainee, in violation of the 10-day statutory timeline under Section 8 of the law. She said this undermined protections guaranteed under Article 22 of the Indian Constitution, particularly the right to make an effective representation.

While the government later revoked the detention — a move Angmo described as an acknowledgement of error — she said the absence of a ruling from the Supreme Court of India leaves key legal questions unresolved.

Angmo noted that even the Home Minister of India, Amit Shah, had indicated the importance of institutional scrutiny, adding that a reasoned judgment could have set a strong precedent by clarifying legal standards and reinforcing safeguards.

She said such cases offer constitutional courts an opportunity to convert individual instances into lasting jurisprudence, cautioning that without judicial articulation, ambiguities around preventive detention laws will persist.

Calling for stronger institutional alignment, Angmo said India’s legal framework would be strengthened when both executive and judiciary act together to uphold constitutional principles.