Delhi HC Denies Sonam Wangchuk’s Transfer to Private Hospital

The Delhi High Court on Sunday declined to grant interim relief to activist Sonam Wangchuk ’s wife, Gitanjali J Angmo, who had sought his immediate discharge from Safdarjung Hospital and transfer to Medanta Hospital. The court observed that Wangchuk was not under detention and held that the government’s decision to shift him to a government hospital due to his deteriorating health could not be termed arbitrary. Angmo had moved the court challenging Wangchuk’s continued stay at Safdarjung Hospital, alleging that he was forcibly removed from Jantar Mantar while observing an indefinite hunger strike and was being kept in the hospital against his wishes. Justice Mini Pushkarna observed that the material placed before the court did not indicate that Wangchuk was being illegally confined. The court noted that his wife, brother and other family members had been given unrestricted access to him and were also provided a separate room at the hospital. The court referred to Wangchuk’s prolonged hunger strike of nearly 17-18 days before he was shifted to Safdarjung Hospital. It also took note of an earlier Division Bench order directing daily medical monitoring by government doctors and necessary intervention whenever required. The Centre informed the court that Wangchuk was shifted to Safdarjung Hospital after his health condition worsened. Medical reports placed before the court indicated that his sugar and sodium levels were below normal, while his potassium level had dropped to a dangerously low level. The court further noted that intravenous fluids were not administered as Wangchuk had not given consent for the procedure. It observed that doctors were monitoring his condition closely and had provided oral medication and fluids with his approval. The High Court observed that since the government shifted Wangchuk to the hospital considering his medical condition, the action could not be considered arbitrary. The court also stated that there was no material suggesting the use of force against Wangchuk. It recorded the Centre’s submission that his wife and brother had 24×7 access to him and that all medical reports would continue to be shared with the family. During the hearing, Senior Advocate Kapil Sibal, appearing for Gitanjali Angmo, argued that Wangchuk had the right to receive treatment at a hospital of his choice. Sibal told the court that the family had already contacted Medanta Hospital and wanted permission to shift him there. He argued that Wangchuk was not facing any criminal case and was not under detention, leaving him free to decide where he wanted to receive treatment. Appearing for the Centre, Additional Solicitor General Chetan Sharma defended the government’s decision, stating that Wangchuk’s health deteriorated after an extended hunger strike. Sharma informed the court that prolonged fasting had resulted in ketosis and other medical complications, requiring continuous observation by government doctors. He also relied on the earlier Division Bench order regarding medical intervention. The court remarked that “every life is precious” while considering the submissions from both sides. While refusing to pass an interim order for Wangchuk’s transfer to a private hospital, the court issued notice on the petition and directed respondents to submit their status report and reply within three days. The court also directed Wangchuk to cooperate with treating doctors for any medical intervention required according to medical protocol. The next hearing in the matter has been scheduled for July 24. Angmo’s petition had sought Wangchuk’s immediate discharge, transfer to a hospital chosen by the family, unrestricted access for lawyers and private doctors, and complete disclosure of his medical records. The plea followed an earlier order directing government doctors to monitor Wangchuk’s health daily during his treatment. Also Read: Sonam Wangchuk’s Wife Seeks Discharge, Questions Hospital Reports