Don't compare Sonam Wangchuk with Mahatma Gandhi: Supreme Court vs Centre

Mahatma Gandhi’s words took centre stage in the Supreme Court on Wednesday during the hearing in the Sonam Wangchuk case, triggering strong objections from the Centre.

At one point, Solicitor General Tushar Mehta urged the Supreme Court not to compare Ladakh-based social activist Sonam Wangchuk, who is in preventive detention under the National Security Act (NSA), to Mahatma Gandhi, saying, “Let us not glorify that which is completely anti-India.”

The bench clarified that Gandhi’s speech was read only in reference to what he had said about his death for the sake of the nation.

Earlier during the hearing, the bench referred to Mahatma Gandhi’s last fasting speech while examining submissions made by the government regarding Wangchuk’s statements and protest methods.

The court emphasised that any speech must be read in its entirety and not selectively quoted.

Additional Solicitor General Natraj argued that Wangchuk’s speech suggested that violent agitation, like that seen in Nepal, could occur in India.

The bench, however, questioned this interpretation, asking, “Where does he say this? Show us.”

When excerpts were read out, the court insisted on the full context being placed on record.

“Read the full thing. You can’t read just one sentence,” the bench said, noting that Wangchuk had described violent methods as “worrying” and not welcome.

The court observed that if someone expresses concern that violent methods are not proper, that expression must be understood in full context.

Quoting the line, “Some people are abandoning the peaceful Gandhian ways this is worrying,” the bench pointed out that the focus appeared to be on adherence to Gandhian principles and concern over any shift towards violence.

The ASG contended that one cannot pick a particular sentence to portray Wangchuk’s conduct as Gandhian, alleging that he provoked and organised an anshan that disrupted public order under the pretext of environmentalism.

During the proceedings, the bench also referred to Mahatma Gandhi’s last fasting speech, observing that Gandhi had spoken about dying in peace and that communal riots took place after his assassination.

Solicitor General Tushar Mehta later entered the courtroom and objected to the reference to Gandhi’s speech. “Let us not glorify that which is completely anti-India. Let us not compare him with the Father of the Nation,” he said, adding, “Let it not become tomorrow’s headlines that this court compared Sonam Wangchuk to Mahatma Gandhi.”

The Solicitor General further argued that releasing Wangchuk on health grounds was “a social media facade.” The court responded, “Why are you trying to make a mountain of a molehill? Do you want us to not ask questions?” To this, Mehta replied, “That is not what I’m saying.”

Last week, the Supreme Court had urged the Centre to review the decision to detain Wangchuk, considering his deteriorating health in custody.

However, Solicitor General Tushar Mehta told the court on Wednesday that Wangchuk is fit, as his health has been checked periodically, and further informed the bench that it would not be possible to release him on health grounds.

- Ends

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