Delhi High Court Orders Detailed Health Report for Activist Sonam Wangchuk
The Delhi High Court has mandated a comprehensive medical report on Sonam Wangchuk, a prominent activist, following claims by his wife, Gitanjali Angmo, that he is being unlawfully detained at Safdarjung Hospital by Delhi Police. These allegations arose to purportedly prevent Wangchuk from participating in ongoing protests in the capital [Gitanjali Angmo Vs Union of India].
A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia instructed the director of Safdarjung Hospital to submit detailed pathological reports from three different institutions: Safdarjung Hospital, the All India Institute of Medical Sciences (AIIMS), and a private laboratory. The Court expects these reports to be filed under an affidavit sworn by the hospital director. Furthermore, Angmo has been asked to present the medical reports she referenced in her plea.
The Court also summoned the presence of AIIMS in-charge and other relevant medical professionals for assistance in the ongoing legal proceedings. Solicitor General Tushar Mehta, representing the Delhi Police and the Central government, argued the state’s duty to ensure Wangchuk’s health remains uncompromised, citing potential impacts on public order. Mehta emphasized the balance between an individual’s right to protest and public safety.
This legal dispute follows Wangchuk’s indefinite hunger strike initiated on June 28 at Jantar Mantar, supporting the youth-led “Cockroach Janta Party” movement. The protestors demand accountability for consistent examination paper leaks and the resignation of Union Education Minister Dharmendra Pradhan. On July 18, Wangchuk was removed from the protest site by Delhi Police and admitted to Safdarjung Hospital due to health concerns. Angmo’s subsequent appeal to the High Court seeks his transfer to a private hospital, citing a lack of confidence in Safdarjung Hospital’s transparency.
Previously, on July 19, a single-judge of the High Court had found no arbitrariness in the government’s decision to relocate Wangchuk, thereby denying Angmo interim relief to transfer him elsewhere. Angmo’s appeal challenges this ruling, arguing it infringes on Wangchuk’s autonomy over his medical treatment. The appeal claims the order undermines his personal liberty, bodily autonomy, and right to protest as protected under Article 21 of the Constitution.
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The case, represented by Senior Advocate Akhil Sibal, underscores concerns about Wangchuk’s forced hospitalization without consent. Sibal contends that Wangchuk’s stable health condition, as evidenced by recent medical reports, does not justify his continued confinement. He argues for Wangchuk’s right to medical autonomy and choice of healthcare facility, highlighting the absence of life-threatening conditions.
Solicitor General Mehta reiterated the state’s responsibility to safeguard Wangchuk’s health, underscoring the presence of an AIIMS doctor at Safdarjung Hospital to alleviate any patient concerns. As the court awaits the submission of comprehensive medical reports, the case is scheduled for further hearing on July 21.
