Delhi High Court Upholds Sonam Wangchuk’s Hospitalization
In a recent decision, the Delhi High Court has declined to grant interim relief for the discharge of Sonam Wangchuk from Safdarjung Hospital. The court held that the government’s decision to transfer him to the hospital due to health concerns was not arbitrary. The case, Gitanjali J Angmo v. Union of India & Ors, was presided over by Justice Mini Pushkarna.
The court observed that Wangchuk was under medical supervision and had consented to the administration of electrolytes, ensuring his right to bodily autonomy was respected. Justice Pushkarna stated, “Considering the overall conspectus, since the government has taken the decision to shift Wangchuk to a hospital due to his health, this Court does not find the same to be an arbitrary action.”
Additionally, the court noted that since Wangchuk had not voluntarily sought hospital treatment despite his condition, the government’s intervention was justified. “Considering the fact that Wangchuk did not voluntarily admit himself to a hospital, the government was within its right to take such action. As already stated by the Division Bench, every life is precious,” the court added.
The court was informed that Wangchuk’s family had unrestricted access to him, unlike other patients who could only receive visitors during designated hours. A separate room was also provided for Wangchuk’s family members. As a result, the court determined that no interim directions were necessary at this stage. The case is scheduled for further hearing on July 24, with instructions for medical reports to be shared with Wangchuk’s family.
Arguments from Both Sides
Senior Advocates Kapil Sibal, Vivek Tanka, and Akhil Sibal, representing Angmo, argued that Wangchuk lost access to his lawyers and doctors after being admitted to Safdarjung Hospital. They sought to transfer him to Medanta Hospital, emphasizing that Wangchuk was not under detention and should be allowed to choose his healthcare provider.
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ASG Chetan Sharma, representing the Center, countered that the July 16 order mandated all medical interventions for Wangchuk to be handled by government-appointed doctors. He highlighted that Wangchuk was receiving treatment from a team of doctors from Safdarjung and AIIMS due to the medical complications arising from his 18-day fast in humid weather.
Dr. Akshay from AIIMS and the Director of Safdarjung Hospital reported Wangchuk’s refusal to receive essential treatments such as IV fluids and vitamins, despite being dehydrated and having low potassium levels. Angmo criticized the hospital’s delay in providing blood samples for independent testing, which affected her confidence in the medical team’s treatment.
Wangchuk had joined a protest at Jantar Mantar on June 28, commencing a hunger strike in support of students protesting alleged examination irregularities. On July 16, the Delhi High Court addressed a PIL concerning his health, with the Solicitor General assuring that government doctors would monitor his condition daily.
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Wangchuk’s removal to Safdarjung Hospital by Delhi Police on July 18 was contested by Angmo, who claimed it was done without Wangchuk’s consent or prior notice to her. The hospital’s summary indicated Wangchuk’s stable vital signs but highlighted potential health risks due to his fasting.
Angmo’s legal challenge argues that the July 16 order allowed medical monitoring but did not authorize forcible removal or treatment without consent. She has requested access to Wangchuk’s complete medical records and his transfer to a hospital of their choice.
