The crucial legal issue behind the detention of climate activist Sonam Wangchuk under the National Security Act (NSA) is whether the authorities applied their minds to the relevant material to reach the “requisite subjective satisfaction” that his activities are prejudicial to public order or the security of the state.

Mr. Wangchuk is reported to have been on a hunger strike for Statehood and Sixth Schedule status for the Union Territory of Ladakh. He was detained under the provisions of the NSA on September 26 after police action against violent protests in Leh that left four civilians dead.

The Supreme Court has differentiated between breach of ‘law and order’ and violation of ‘public order’. The latter refers to actions which affect the community or the public at large.

“Public ord

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