Centre Orders Judicial Inquiry into Leh Violence Amid New Criminal Law Scrutiny

New Delhi – In a significant move aimed at de-escalating tensions in the Union Territory of Ladakh, the Ministry of Home Affairs (MHA) has ordered a high-level judicial inquiry into the violent clashes that resulted in four civilian deaths in Leh on September 24, 2025. The inquiry, to be helmed by former Supreme Court Judge Justice B.S. Chauhan, comes as the local administration imposes stringent public gathering restrictions under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, placing the application of India's recently enacted criminal laws under a critical lens.

The decision addresses a key demand from protesting groups and is seen as an essential step toward resuming dialogue over Ladakh's long-standing demands for Statehood and inclusion in the Sixth Schedule of the Constitution. However, the move is juxtaposed with the administration's pre-emptive ban on a planned 'Peace March', highlighting the delicate balance between state security imperatives and the fundamental right to protest.

The Mandate of the Judicial Commission

According to the MHA notification issued on Friday, October 17, 2025, the judicial commission is mandated to investigate the “circumstances leading to the serious law and order situation, the police action and the resultant unfortunate deaths of four people.” The probe aims to provide a "fair and transparent" examination of the incident, which saw a peaceful demonstration escalate into a deadly confrontation between security forces and protesters, leaving 90 others injured.

Justice Chauhan will be assisted by retired District and Sessions Judge Mohan Singh Parihar, serving as Judicial Secretary, and IAS officer Tushar Anand as Administrative Secretary. This structure is designed to provide both judicial oversight and administrative efficiency to the inquiry process.

Ladakh Chief Secretary Pawan Kotwal confirmed the order, stating, "This decision reflects the government's commitment to justice and transparency." He noted that the demand for a probe supervised by a Supreme Court judge was a persistent request from local leaders to ensure the "full truth comes out," superseding an initial magisterial inquiry.

Legal Scrutiny and the New Criminal Codes

The events in Leh provide one of the first high-profile tests for India's new criminal justice framework. The MHA's notification references an FIR (No. 144/2025) filed at Leh Police Station under several provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. The cited sections include those related to obstructing public servants, rioting, assault, and, significantly, Section 121, which pertains to waging or attempting to wage war against the Government of India. The application of such serious charges against civilian protesters will be a focal point for legal experts and rights advocates.

Simultaneously, the Leh district administration has invoked Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023—the successor to the widely debated Section 144 of the old Criminal Procedure Code—to ban public gatherings of five or more persons, rallies, and processions. The order, issued just a day before a planned 'Peace March' by the Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA), cites "apprehension of disturbance to public peace and tranquillity."

The use of these sweeping powers under the new BNSS will be closely watched by the legal community. The Supreme Court has previously issued guidelines on the sparing and justified use of such prohibitory orders, and the administration’s actions will be assessed against these established constitutional benchmarks.

A Path to Dialogue or a Deepening Stalemate?

The establishment of the judicial inquiry is widely interpreted as an olive branch from the Centre, intended to pave the way for resuming stalled talks with the LAB-KDA combine. Following the September 24 violence, the Ladakhi leadership had withdrawn from scheduled negotiations, citing the government's failure to address their demands, including a judicial probe and the release of detainees.

Chhering Dorjey Lakruk, co-chair of the Apex Body Leh, welcomed the decision. "This was our key demand. We are open to resume talks now and hope Delhi will schedule talks soon," he stated.

However, other stakeholders have expressed cautious optimism, linking the resumption of dialogue to further government action. KDA representative Sajjad Kargili emphasized that true progress is contingent on broader measures. “We welcome the step, but justice remains incomplete without the release of all detainees, including Sonam Wangchuk, compensation and medical aid for victims, as well as statehood and Sixth Schedule safeguards for Ladakh,” he remarked. The arrest of prominent activist Sonam Wangchuk, reportedly under the National Security Act, remains a major point of contention.

Chief Secretary Kotwal has appealed for calm, noting that most of those arrested have been granted bail, with 30 remaining in judicial custody pending legal procedures. He reaffirmed the Centre's commitment to engagement through the High-Powered Committee (HPC) but stressed that "a peaceful environment is necessary for the talks to move forward."

The Broader Context: Constitutional Aspirations and Economic Realities

The unrest is rooted in Ladakh's unique political and cultural position following its separation from the former state of Jammu and Kashmir and its establishment as a Union Territory in 2019. Local groups argue that UT status without a legislature has led to a democratic deficit and bureaucratic overreach. Their core demands—Statehood and inclusion in the Sixth Schedule—are aimed at securing legislative autonomy and constitutional safeguards to protect the region's distinct tribal identity, land, and resources.

The ongoing agitation and the recent violence have also taken a toll on Ladakh's economy, which is heavily reliant on tourism. Chief Secretary Kotwal highlighted this impact, urging collective efforts to revive the sector.

As the judicial commission prepares to begin its investigation, the legal and political landscape in Ladakh remains complex. The probe's findings on the use of force by security personnel will be critical. Simultaneously, the manner in which the administration navigates the restrictions on civil liberties under the new BNSS, balanced against the constitutional right to peaceful assembly, will set an important precedent. For the legal community, the Leh situation serves as a compelling case study on the intersection of public order, criminal procedure, and fundamental rights in the context of India's evolving legal framework.