Sonam Wangchuk.
Credit: PTI Photo
New Delhi: Petitions were filed in the Delhi High Court on Tuesday against the detention of climate activist Sonam Wangchuk and several others at the Delhi border.
A habeas corpus petition was mentioned before a bench of Chief Justice Manmohan and Justice Tushar Rao Gedela for listing on October 3 by a lawyer for Wangchuk's "next friend".
The court agreed to list it on that day if the plea is in order, saying that it has already allowed a request for listing in another petition concerning the detention.
A habeas corpus petition is filed seeking direction to produce a person who is missing or illegally detained.
Two other writ petitions, filed by social activist Azad, who said that he works closely with Wangchuk and the Leh Apex Body, and lawyer Mustafa Haji, the legal advisor to the Body, also assail the order of the Delhi Police prohibiting assembly of five or more "unauthorised" people as well as protests in various parts of the capital, including the border, from September 30 to October 5.
Haji's petition was mentioned for listing before the Chief Justice's bench by lawyer Vikram Hegde before it rose for a lunch break.
Refusing to list the matter today itself, the court agreed to list it for hearing on October 3, if it is in order by 3.30 pm.
The two petitions seek an order directing the release of those detained as well as permission for the group to peacefully enter Delhi to raise their concerns.
Around 120 people from Ladakh, including Wangchuk, have allegedly been detained at the Delhi border by police while marching to the capital to demand sixth schedule status for Ladakh.
The sixth schedule pertains to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram as "autonomous districts and autonomous regions".
Azad, in his plea, said most of the "padyatris" have been in "illegal" detention since September 30 and are not being allowed to meet anyone or avail legal remedies.
"The herculean task undertaken by the petitioner (Azad) along with Mr Sonam Wangchuk and supported by a group of other people, was proving to be a success as more and more people were getting aware of the drastic and fragile situation which the regions of Ladakh and the Himalayas were in."
"(This was) until the petitioner and other people who were marching along with the petitioner, reached Singhu Border which is situated on North West side of Delhi and borders Delhi on Haryana side, on 30.09.2024," Azad said in his plea.
"The petitioner with others was first stopped by Haryana Police then handed over to Delhi Police who took them into custody and detained them illegally for exercising a right which has been granted by the Constitution," it added.
The plea asserted that the conduct of the police authorities is contrary to the fundamental right to hold peaceful assembly and the right to unrestricted and unhindered entry into Delhi.
The other petition, filed by Haji, emphasised that the group led by Wangchuk has travelled peacefully through several states and the Delhi Police's blanket prohibitory order was without any basis.
The purpose of their march, the plea said, was to make a representation to the Centre on the occasion of Gandhi Jayanti.
Haji's petition sought the release of Wangchuk and those marching with him, including the people associated with the Kargil Democratic Alliance detained at the Singhu border.
The march was organised by the Leh Apex Body, which along with the Kargil Democratic Alliance, has been spearheading an agitation for the last four years to demand statehood for Ladakh, seek its inclusion under the Sixth Schedule of the Constitution, early recruitment process and a public service commission, and separate Lok Sabha seats for Leh and Kargil districts.