NEW DELHI, July 19: The Delhi High Court on Sunday declined to grant interim relief to activist Sonam Wangchuk’s wife, Gitanjali J. Angmo, seeking his immediate discharge from Safdarjung Hospital and transfer to Medanta Hospital, observing that Wangchuk was not under detention and that the government’s decision to move him to the government hospital could not be considered arbitrary.
Angmo had approached the High Court alleging that Wangchuk was forcibly removed from Jantar Mantar while on an indefinite hunger strike demanding the resignation of Union Education Minister Dharmendra Pradhan over the NEET-UG paper leak. She contended that he was being kept at Safdarjung Hospital without his consent.
Justice Mini Pushkarna held that the material before the court did not indicate that Wangchuk was being illegally confined. The court noted that his wife, brother, and other family members had unrestricted access to him and had also been provided with a separate room at the hospital.
The court observed that Wangchuk had been on a hunger strike for nearly 17 to 18 days before being shifted to Safdarjung Hospital and referred to an earlier Division Bench order directing daily medical monitoring by government doctors.
Recording the Centre’s submissions, the court noted that Wangchuk was admitted to Safdarjung Hospital after his health deteriorated. It also took note of medical reports indicating that his blood sugar and sodium levels were below normal and that his potassium level had dropped to a dangerously low level. The court further observed that intravenous fluids had not been administered because Wangchuk had not consented to the treatment.
The High Court held that the government’s decision to shift Wangchuk to the hospital due to his medical condition could not be described as arbitrary.
The court further noted that doctors at Safdarjung Hospital were closely monitoring his condition and had administered only oral medication and fluids with his consent. It found no material to suggest that any force had been used against him.
During the hearing, Senior Advocate Kapil Sibal, appearing for Angmo, argued that Wangchuk had the right to receive treatment at a hospital of his choice. He submitted that the family had already spoken with Medanta Hospital and sought permission to transfer him there.
Sibal also argued that Wangchuk was not under detention, no criminal case had been registered against him, and there was no legal basis to prevent him from choosing a private hospital.
Appearing for the Centre, Additional Solicitor General Chetan Sharma defended the government’s action, stating that Wangchuk’s prolonged hunger strike had led to ketosis and other medical complications that required close monitoring by government doctors. Sharma also relied on the earlier Division Bench order directing medical intervention whenever necessary.
Observing that “every life is precious,” the court recorded the Centre’s submission that Wangchuk’s wife and brother had been given round-the-clock access to him and that accommodation had been arranged for the family within the hospital.
Declining to direct Wangchuk’s transfer to a private hospital at this stage, the court issued notice on the petition and directed the respondents to file their status report and reply within three days.
The court also directed Wangchuk to cooperate with treating doctors in any medical intervention considered necessary in accordance with established medical protocols. It further recorded the Centre’s assurance that all medical reports concerning Wangchuk would be regularly shared with his family.
The matter has been listed for further hearing on July 24.
Angmo’s petition sought Wangchuk’s immediate discharge from Safdarjung Hospital, transfer to a hospital chosen by the family, unrestricted access for his lawyers and treating doctors, and full disclosure of his medical records. The plea followed an earlier order by a Division Bench directing government doctors to monitor Wangchuk’s health daily and provide medical intervention whenever required. (ANI)
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