Sonam Wangchuk released, prohibitory orders withdrawn: SG Mehta tells HC

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Solicitor General Tushar Mehta on Thursday told the Delhi High Court that climate activist Sonam Wangchuk and his associates have been released from detention.

The senior law officer also said that the Delhi Police order prohibiting assembly and protests in various parts of Delhi has also been withdrawn.

Mehta made the statement before a bench of Chief Justice Manmohan and Justice Tushar Rao Gedela.

The bench was hearing petitions seeking the release of Wangchuk and his associates as well challenging the prohibitory order.

Around 120 people from Ladakh, including Wangchuk, were allegedly detained at the Delhi border by police on Monday night while marching to the capital to demand the inclusion of Ladakh under the Sixth Schedule of the Constitution.

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".

Wangchuk was leading the march, 'Delhi Chalo Padyatra', which began from Leh a month ago.

"The (prohibitory) order which was passed on September 30 now stands withdrawn in view of changed circumstances as they exist now. So far as persons who were allegedly detained, it was not detention in that sense, but they are also out," the solicitor general (SG) said.

"They visited Rajghat (yesterday). They were there for about two hours. They gave some memorandum which was accepted by the Ministry of Home Affairs. They have also left," he added.

The court closed the proceedings on the petitions by social activist Azad, who said he worked closely with Wangchuk, and lawyer Mustafa Haji, the legal advisor to the Leh Apex Body, after their lawyers also admitted to the release.

Advocate Prashant Bhushan, who appeared for a lawyer who had filed a separate petition, however, said there are people who want to go to Jantar Mantar to raise awareness but are still under restraint and Wangchuk was "not totally free".

"According to our information, he is not totally free. They are not allowing Sonam Wangchuk to meet his other associates. They are kept in different places. Sonam Wangchuk has been taken apparently to Ladakh Bhawan and others are kept in Ambedkar Bhawan... There are still some restrictions. Let Mr. Sonam Wangchuk be produced in court," he said.

"He is set free. Why should we call someone (who has been released)," Justice Manmohan asked, observing that the SG has already made a statement with respect to the release of Wangchuk and others from detention.

SG Mehta also objected to the claim, saying it was a "false statement".

"This petitioner is an advocate practising in Bilaspur, Himachal Pradesh and one of the persons marching with the group. Somebody in Himachal says as per my information they are not free and those who are with him say everyone is free. They want to keep the pot boiling," he submitted.

Bhushan said he would file an affidavit in support of his claim and urged the court to defer the hearing till Friday.

"In case the statement is false, we will take action," the court told Bhushan, as it also asked the police to file an affidavit on the release.

During the hearing, Bhushan also said the prohibitory order was in the teeth of the decisions of the Supreme Court and people could not be detained for 48 hours.

Mehta said the prohibitory order was withdrawn by an order passed on the night of October 2.

According to the September 30 order issued from the Delhi Police headquarters, the police commissioner had instructed that Section 163 (earlier Section 144 of CrPC) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) be imposed in New Delhi, North and Central districts and jurisdictions of all police stations sharing borders with other states from September 30 to October 5.