Delhi High Court Orders Transfer of Activist Sonam Wangchuk to Medanta Hospital
In a significant decision on Tuesday, the Delhi High Court approved the transfer of activist Sonam Wangchuk from Safdarjung Hospital to Medanta Hospital. Wangchuk, who has been on a hunger strike in support of the Cockroach Janata Party’s (CJP) student protest, sought this transfer for better medical care. This ruling came in response to the case Gitanjali Angmo v. Union of India.
The Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, instructed that Wangchuk be shifted to a hospital of his choosing, Medanta, where he would be treated by a panel of doctors formed by the hospital’s director. Chief Justice Upadhyaya emphasized the need for immediate transfer and the provision of all treatment records from Safdarjung Hospital to Medanta.
Court Deliberations and Medical Concerns
During the hearing, Senior Advocate Akhil Sibal, representing Gitanjali Angmo, presented a letter from Wangchuk’s previous medical practitioner. Additional Solicitor General (ASG) Chetan Sharma, appearing for the Central government, provided medical documents for the court’s review. Justice Karia noted the decrease in Wangchuk’s potassium levels after examining the medical reports, raising concerns about Wangchuk’s health condition.
Solicitor General Tushar Mehta, also representing the Centre, remarked on the importance of clinical observations over reports. He queried a doctor present about the elevated urea and uric acid levels, which could indicate underlying health issues. The doctor explained this was a natural result of prolonged fasting.
ASG Sharma pointed out that Wangchuk’s Total Leukocyte Count (TLC) was critical, posing risks of shock. An AIIMS doctor confirmed the abnormality of Wangchuk’s low white blood cell count, indicating compromised immunity.
More Read
Arguments for Hospital Transfer
Senior Advocate Sibal argued that while Wangchuk’s vitals were stable, continuous monitoring was crucial. He also submitted a letter from Wangchuk stating his phone was confiscated, and visitors were subject to searches, alleging a lack of transparency in his treatment at Safdarjung Hospital.
The Court, acknowledging the consensus on the necessity of monitoring, concluded that transferring Wangchuk to Medanta would be beneficial for his health. SG Mehta stated the government had no objections to the transfer, provided Wangchuk did not discharge himself against medical advice. The Court, however, declined to delve into the political implications of Wangchuk’s transfer.
Legal Proceedings and Appeal
This decision emerged from an appeal filed by Angmo against a single-judge’s earlier refusal to transfer Wangchuk from Safdarjung Hospital. The High Court had previously requested detailed medical reports from various hospitals and ordered the presence of related medical personnel at the hearing.
More Read
Wangchuk’s hunger strike began on June 28 at Delhi’s Jantar Mantar, demanding accountability for exam paper leaks and the resignation of Union Education Minister Dharmendra Pradhan. On July 18, Delhi police moved Wangchuk to Safdarjung Hospital over health concerns. Angmo subsequently appealed to the High Court, alleging Wangchuk’s detention was unlawful and violated his rights under Article 21 of the Constitution, which includes the right to choose medical treatment and protest.
Representing Wangchuk and Angmo were Advocates Bahuli Sharma, Susan Maria Mathew, Ridhi Arora, Suryaansh Kishan Razdan, and Yoshit Jain. The Central government, alongside Delhi Police and Safdarjung Hospital, was represented by Solicitor General Tushar Mehta, ASG Chetan Sharma, and standing counsel Ashish Dixit.
