 |
|
The Delhi High Court on Friday disposed of a petition seeking the production of Sonam Wangchuk and others before the court after the petitioner withdrew the plea following the release of the climate activist and other detainees earlier that day. The petition, filed by advocate Rajneesh Kumar Sharma on Thursday, sought a writ of habeas corpus to produce Wangchuk and other detainees in court. Sharma's counsel, Senior Advocate Prashant Bhushan, had challenged Solicitor General Tushar Mehta's claim on Thursday that all detainees had been released. However, on Friday, Bhushan informed the court that while they were under restriction as of Thursday afternoon, “as of this morning there is no restriction.”
Despite the release, Bhushan argued for keeping the petition pending to investigate the circumstances surrounding the issuance of the prohibitory order on public assembly. He pointed to two issues: the “cavalier manner” in which the notification was issued and the subsequent withdrawal just before the case was to be heard, and the detention of the activists for almost three days without presenting them before a magistrate. He considered this a “gross case” of abuse of power under CrPC section 144. While Tushar Mehta, appearing virtually, urged the court to close the case, the bench ultimately agreed and disposed of the plea.
The incident involved the detention of Wangchuk and over 100 protesters on Monday, following their participation in a “Chalo Dilli” march to Delhi demanding greater autonomy for Ladakh. They were detained for allegedly violating prohibitory orders on the northern border of the city. The high court had previously disposed of two other petitions seeking the release of Wangchuk and the quashing of the prohibitory orders on Thursday, following a government submission that the orders were withdrawn on October 2 and the detainees released. The incident sparked controversy with activists and lawyers questioning the legitimacy of the detention and the manner in which the prohibitory orders were imposed.