The Delhi High Court on Sunday declined activist Sonam Wangchuk’s wife Gitanjali J. Angmo’s request for his immediate transfer from Safdarjung Hospital to a private medical facility, directing authorities to submit a fresh health status report within three days.
Justice Mini Pushkarna observed that no interim relief was required at this stage, noting that Wangchuk’s family members have been given access to him and that his health is being closely monitored by doctors at the government hospital.
Court says no interim order required
During the hearing, the court said it had to consider the “larger picture” before passing any directions regarding Wangchuk’s hospitalisation.
The court noted that Wangchuk was not under detention and that his wife, brother and brother-in-law had been provided access to meet him. It also observed that a separate room had been arranged for family members to stay with him.
Stating that “every life is precious,” the court sought a detailed health status report within three days and fixed July 24 as the next date of hearing.
Wife sought transfer to private hospital
Angmo approached the High Court seeking permission to shift Wangchuk from Safdarjung Hospital to a private hospital of her choice, claiming she had lost confidence in the treatment being provided.
Representing Angmo, senior advocate Kapil Sibal argued that Wangchuk’s personal doctors and legal team were not being given adequate access and that the family was unaware of the medicines being administered.
The petition also sought unrestricted access for Wangchuk’s lawyers and doctors, independent medical examination, and a direction restraining authorities from administering treatment without his informed consent or, if necessary, the consent of his wife.
Court upholds government’s decision
The High Court held that the government’s decision to shift Wangchuk to Safdarjung Hospital on medical grounds could not be considered arbitrary.
The court observed that doctors were regularly monitoring his condition and that Wangchuk had voluntarily accepted oral fluids, oral potassium supplements and oral rehydration solution (ORS). It also noted that he had declined intravenous (IV) fluids.
The judge further remarked that since Wangchuk had not voluntarily sought hospital treatment despite his prolonged hunger strike, the authorities were justified in intervening to protect his health.
Centre defends hospitalisation
Appearing for the Centre, Additional Solicitor General Chetan Sharma argued that Wangchuk’s health had deteriorated after an extended fast, increasing the risk of serious medical complications, including electrolyte imbalance and shock.
He said the Delhi High Court’s earlier directions to monitor Wangchuk’s health guided the authorities’ decision to shift him to the hospital.
The Centre also maintained that Wangchuk’s wife had round-the-clock access to him and suggested that, if necessary, he could even be shifted to AIIMS, while stressing that government hospitals were fully equipped to provide quality treatment.
Angmo alleges involuntary confinement
In her petition, Angmo described Wangchuk’s continued stay at Safdarjung Hospital as “involuntary hospitalisation” and alleged that there was no medical emergency warranting his removal from the protest site.
She claimed that heavy police deployment inside the hospital had severely restricted the family’s movement and argued that they were being denied the freedom to choose a hospital of their preference.
The petition also raised concerns over alleged discrepancies in Wangchuk’s reported potassium levels between tests conducted at Safdarjung Hospital and those carried out by an independent laboratory using blood samples obtained by the family.
