Climate activist Sonam Wangchuk’s wife, has filed a habeas corpus petition in the Supreme Court of India seeking his immediate release from preventive detention under the National Security Act (NSA), 1980. 

• Sonam Wangchuk, an education reformer and climate activist from Ladakh, was detained under the NSA, 1980, following violent protests linked to the ongoing agitation over Ladakh’s statehood and environmental concerns.

Legal Framework and Judicial Interpretation (NSA 1980)

• About: NSA is a Preventive Detention Law enacted in 1980 to maintain public order and national security.
  • Preventive Detention: Involves detaining a person to prevent them from committing future crimes or evading future prosecution.
• Empowering Provision: Section 3 of the NSA empowers the Central or State Government to detain a person preventively if their activities are deemed prejudicial to public order, national security, India’s foreign relations, or essential supplies and services.
• The detention order must be reasoned, based on vital and relevant material, and the grounds must be communicated to the detainee or their family.
• Duration of Detention: The Act allows detention up to 12 months without charges being filed, subject to periodic review.
• Judicial Safeguards: The Supreme Court has consistently held that preventive detention is a “drastic measure” that infringes upon the fundamental right to personal liberty under Article 21 of the Constitution.
• Scope of Judicial Review: Courts examine whether
  • The “subjective satisfaction” of the detaining authority is based on relevant and proximate facts.
  • The authority has avoided irrelevant or remote considerations.
  • The detention order reflects application of mind free from caprice, malice, or arbitrariness.
• Judicial Emphasis: The State must ensure that preventive detention is not misused for punitive purposes, reaffirming the balance between security and liberty.

Habeas Corpus Remedy

• Meaning: 
  • Habeas Corpus literally means “to have the body of”.
  • It is an order by a court directing the authority or person detaining another to produce the detained individual before the court.
• Constitutional Basis:
  • Available under Article 32 (Supreme Court) and Article 226 (High Courts).
  • Enables individuals to challenge illegal detention and seek immediate release.
• It is a vital constitutional safeguard against executive overreach and arbitrary detention.
• Purpose:
  • Serves as a bulwark of personal liberty against arbitrary or unlawful detention.
  • Can be issued against both private and public authorities.
• Limitations on Issuance: The writ cannot be issued in the following cases:
  • When the detention is lawful.
  • In proceedings for contempt of court or legislature.
  • When the detention is ordered by a competent court.
  • If the detained person is outside the jurisdiction of the issuing court.

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