In a significant hearing on **January 29, 2026**, climate activist **Sonam Wangchuk** challenged his detention under the National Security Act (NSA), asserting before the Supreme Court that peaceful dissent against the government cannot be categorized as "anti-national."

Wangchuk, currently held in Jodhpur Central Jail, is contesting the legality of his detention following protests in Ladakh that turned violent in September 2025.

### Key Arguments in Court

Represented by senior advocate **Kapil Sibal**, Wangchuk’s defense centered on the constitutional right to dissent and the distinction between the "Government" and the "State."

* **Dissent vs. Anti-Nationalism:** Sibal argued that criticizing government delay or inaction—specifically regarding the inclusion of Ladakh in the **Sixth Schedule**—is a democratic right. He stated, *"I can criticize the government of the day... Protests against government actions or inaction cannot be seen as anti-national."*

* **Denial of "Arab Spring" Remarks:** The defense categorically denied allegations that Wangchuk called for an "Arab Spring-like" overthrow of the government. They argued that his statements were misrepresented and that he has always advocated for peaceful, non-violent protest.

* **Procedural Flaws:** The petition alleges that the detention order was a "copy-paste" of police recommendations and relied on "stale" FIRs. Sibal also claimed that local authorities withheld videos of Wangchuk appealing for peace, effectively misleading the detaining authority.

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### Recent Developments (February 2026)

As of early February 2026, the case has moved into a critical phase involving Wangchuk's health and the validity of the evidence against him:

| Feature | Details |

| --- | --- |

| **Medical Status** | On **January 31, 2026**, Wangchuk was taken to **AIIMS Jodhpur** for a gastroenterology examination following complaints of stomach pain due to poor water quality in jail. |

| **Court Mandate** | The Supreme Court directed a specialist medical report to be submitted in a sealed cover by **February 2, 2026**. |

| **Legal Focus** | The court is examining whether there is a "live link" between Wangchuk's actions and the breach of public order, or if the detention is an "arbitrary exercise of power." |

### Why this Matters

This case is being closely watched as a benchmark for **civil liberties** in India. It tests the limits of the **National Security Act (NSA)** when applied to activists demanding constitutional safeguards. Wangchuk’s legal team argues that applying the NSA to a recognized environmentalist and educator strikes at the "core of constitutional liberties."

The Supreme Court is scheduled to continue the hearing on **Monday, February 2, 2026**, where it will review the medical report and further arguments on the merits of his detention.

**Would you like me to track the outcome of the February 2nd hearing for you, or provide more details on what the "Sixth Schedule" protections for Ladakh actually entail?**