SC Flags Health Concerns, Urges Rethink on Sonam Wangchuk’s NSA Detention

The Supreme Court of India on Wednesday informally urged the Centre to reconsider the preventive detention of climate activist Sonam Wangchuk , placing unusual emphasis on his deteriorating health condition while hearing a plea challenging his custody under the National Security Act (NSA) .

A bench of Justices Aravind Kumar and P. B. Varale observed that Wangchuk’s medical reports were “not good” and asked the government to reflect on whether continued detention was necessary, noting he has been in custody since September 26, 2025 nearly five months. The judges stressed that beyond legal arguments and counter-arguments, the situation required a humane administrative reconsideration , especially given age-related and other health issues.

Legal observers say such a remark from the apex court, though not a formal order, is not routine and is generally treated as a signal that the executive should weigh alternative options. The Court’s intervention is therefore being viewed as something that ought to be taken seriously by the government , potentially opening the door to interim relief such as conditional bail or house arrest on medical grounds , should authorities choose to reassess the detention.

The Centre, however, continues to defend its decision. Appearing for the government, Additional Solicitor General K. M. Nataraj submitted that Wangchuk’s speeches allegedly contributed to unrest in Leh in 2025, where violence left four people dead and 161 injured. The government maintains he played a role through provocation and influence, even without direct participation, particularly in a sensitive border region. It has also cited references to protest movements like the Arab Spring as part of its justification.

Wangchuk’s wife, Gitanjali J. Angmo, has termed the detention illegal and arbitrary. Senior advocate Kapil Sibal argued that authorities relied on selective material and that Wangchuk consistently advocated peaceful democratic protest, even condemning violence publicly.

The hearing remains inconclusive and will continue, with the Court yet to rule on the legality of the detention but its humanitarian note has added a significant new dimension to the case.