Wangchuk Alleges House Arrest in Leh as Hill Council Election Row Deepens

Synopsis

In a statement, Sonam Wangchuk, a climate activist, has said he has been house arrested in Leh since Wednesday night when police barged him off a protest camp ahead of a sit-in. The police in Ladakh state said its move was in accordance with the prohibitory orders given in connection with the exercise of the Hill Council elections. Wangchuk is calling for postponing the polls until December 4 and an inquiry report into last year's deadly demonstrations, and says he will challenge the restrictions in court.

Police vehicles and tents have been in front of a house in Leh since Wednesday night, according to the house's occupant. It's the climate activist Sonam Wangchuk, who says he can't leave. Ladakh administration, which is implementing the prohibitory order in the run-up to the hill council polls on 4 December, is at odds with the opposition party.

What happened

On Thursday, Wangchuk alleged to be under house arrest after he was brought off the protest ground by police and taken to his house a day earlier. He released a video statement late that night in which he stated that they had set up security guards, vehicles and tents outside his home since Wednesday night. Reports vary on the number of personnel. He said there were dozens of armed guards around his home. In the text of his post, he wrote in all caps: “I AM UNDER HOUSE ARREST.”

The authorities say he was only "advised to stay at home. Wangchuk denied the distinction. He said he would go to the magistrate, High Court and the Supreme Court and enquire: How is it possible to prevent someone from participating in a peaceful demonstration without taking action?

The administration’s position

Ladakh Police has justified its preventive action as per the Chief Electoral Officer's orders under the Union Territory and the District Magistrate of Leh. In the context of the ongoing elections process, the orders limit rallies, protests and public gatherings within the limits of Leh Municipality.

Explain the reasons for planning a protest

With representatives from the Leh Apex Body and Kargil Democratic Alliance, Wangchuk was in the process of organizing a sit-in on several demands, one of which included the date of elections to the Autonomous Hill Development Council. He said that a winter poll is not desirable as a large chunk of Ladakh population is outside the region during the winter months. Also, he claims that the hill councils have been stripped of any effective powers.

He has reiterated the demand for the release of the Commission of Inquiry (COI) report on the mishandling of the Ladakh protests that left a number of lives behind last year. A government response about the date of the report was not among the accounts reviewed. In the larger context, there are long-standing claims of statehood and Sixth Schedule protections.

The legal frame

An order of this nature is issued from time to time under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 144 of the Code of Criminal Procedure. In Anuradha Bhasin v. Union of India (2020), the Supreme Court has ruled that such restrictions should be "proportionate, reasonable and open for judicial scrutiny.

The criminal procedure code does not include the word "house arrest. He says he will take the measure on Wangchuk to the courts, since it is a detention without formal arrest.

What to watch

The issue of the timing of the council election was yet to be resolved and was not settled in the accounts reviewed, with the election still to be held on December 4. The next developments to monitor are a court challenge, more protests from the two groups of Ladakhis, and how the administration is handling the inquiry report.

The restriction has been called different names by the authorities and the activist. If taken to the courts, it will become a question of legality.