Delhi High Court backed the Centre’s decision to hospitalise Sonam Wangchuk.
The court found no evidence of forced treatment or unlawful detention.
Wangchuk’s wife sought transfer to another hospital of her choice.
The Delhi High Court on Sunday backed the Centre’s decision to shift activist Sonam Wangchuk to Safdarjung Hospital, ruling that the government’s intervention could not be considered arbitrary in view of concerns over his health after weeks of fasting.
Justice Mini Pushkarna declined to grant interim relief to Wangchuk’s wife, Gitanjali J Angmo, who had sought his immediate discharge from the government hospital and transfer to a private facility chosen by the family.
“Since the government has taken the decision to shift him to the hospital on account of his medical condition, this court does not find the same to be an arbitrary action,” the court observed.
The Centre has been directed to submit a status report on Wangchuk’s health within three days. The matter will next be heard on July 24.
Wangchuk was taken from the Jantar Mantar protest site to Safdarjung Hospital by Delhi Police on Saturday, the 21st day of his indefinite hunger strike. He began fasting on June 28 in support of a Cockroach Janta Party-led protest demanding Union Education Minister Dharmendra Pradhan’s resignation over alleged irregularities in the NEET medical entrance examination and other issues.
Court Says No Treatment Was Forced
The High Court noted that Wangchuk was not under detention and that his wife, brother and brother-in-law had been permitted to meet him.
“Wangchuk is not in detention, but the wife, brother and brother-in-law have been given access,” Justice Pushkarna said.
The court was also informed that Wangchuk’s family had been provided a separate room at the hospital and could remain near him.
“This court also takes note of the submission of ASG and doctors that unlimited access has been given to wife and his brother 24x7. It is noted that family members of Wangchuk have been given a separate room and are able to spend time around him. Considering this, no interim order is required to be passed at this stage,” the court said.
“Every life is precious,” the judge remarked while emphasising the need to protect the activist’s health.
The court further noted that doctors were closely monitoring Wangchuk and had administered only oral supplements that he had agreed to take.
“Since doctors at Safdarjung are closely monitoring his health and have only given oral things as per his consent, it can’t be said any force is being used against him,” it said.
The bench recorded that Wangchuk would cooperate with doctors if they considered medical intervention necessary. Justice Pushkarna, however, clarified that the court was not directing him to undergo treatment.
“I am not forcing him. I have not passed any direction. Okay, ‘if he so chooses’,” the judge said.
Centre Cites Health Risks From Prolonged Fast
Additional Solicitor General Chetan Sharma, appearing for the Centre, said Wangchuk’s condition had deteriorated after 18 days of fasting in the prevailing weather.
“This leads to syndrome known as ketosis. It may or may not reflect on parameters but it can lead to something known as a shock. If potassium goes down, it can lead to — there is an expression — hypokalemia,” Sharma argued.
The Centre said the decision to hospitalise Wangchuk was guided by a July 16 order of a Delhi High Court Division Bench directing the authorities to continuously monitor his health and intervene if required.
Sharma told the court that Wangchuk was under the supervision of senior doctors and that medical tests had been conducted at Safdarjung Hospital, AIIMS, Mahajan Imaging and a private laboratory.
“There is absolutely no reason for anyone to doubt the medical reports. He has been properly cared for,” he submitted.
The ASG said Wangchuk should have faith in the government hospital’s doctors and cooperate with the medical team treating him.
“They have no reason, whatsoever to have any sort of manner of doubt in the remotest possible corner of their brain. He has been taken care of, but he must cooperate with the attending doctors,” Sharma said.
He also offered to move Wangchuk to AIIMS should the court have concerns about the treatment at Safdarjung Hospital.
“We rely on AIIMS. If Your Ladyship still has concerns, we are prepared to shift him to AIIMS. That is not a concession,” Sharma said.
A government doctor informed the bench that Wangchuk had begun consuming oral fluids, potassium supplements and sugar-free oral rehydration solution but had declined intravenous fluids.
“We have been treating him; monitoring him closely. He started oral fluids yesterday. He took potassium orals yesterday, [and] oral ORS without sugar. We have been trying to talk to him for [intravenous or IV] fluids. He has denied it,” the doctor said.
Angmo Seeks Transfer To Another Hospital
Senior advocate Kapil Sibal, appearing for Angmo, argued that Wangchuk was not under arrest and should be allowed to decide where he wanted to receive medical treatment.
“He is not in detention; [there is] no case against him. Is a citizen of India not entitled to say ‘I want to go to hospital of my choice’?” Sibal asked.
“I want treatment, but I want a treatment of my choice,” he added on Wangchuk’s behalf.
Sibal alleged that Wangchuk’s private doctors and lawyers had not been given adequate access and did not know what medicines were being administered.
“The hospital is not been giving access to his own doctors, lawyers; and they do not know what he is being prescribed,” he told the court.
Angmo said she had “lost faith” in Safdarjung Hospital and wanted Wangchuk moved to another facility before his health deteriorated further.
She alleged that the hospital had refused to discharge him despite repeated requests.
“With around 30 police personnel stationed on our floor and well over 100 across the hospital, our movement is severely restricted. It is not medical care. It is illegal detention… No family should have to fight the system simply to choose where their loved one receive medical care,” she claimed.
Petition Alleges Unconstitutional Confinement
Angmo’s petition sought a declaration that Wangchuk’s continued hospitalisation was unconstitutional. It also requested unrestricted access for his lawyers and private doctors, along with an independent medical examination.
The plea asked the court to prevent the authorities from administering any treatment without Wangchuk’s informed consent or, if he were unable to provide it, without Angmo’s approval.
“There existed no medical emergency or other circumstance warranting such abrupt and coercive intervention. The forcible removal was neither medically necessitated nor legally justified and constitutes a manifest infringement of Shri Sonam Wangchuk’s fundamental rights,” the petition stated.
The petition was filed through lawyers Bahuli Sharma, Susan Maria Mathew, Ridhi Arora, Suryaansh Kishan Razdan and Yoshit Jain.
Angmo alleged that the police had taken “colourable advantage” of the High Court’s July 16 directions to remove Wangchuk from the protest site, even though the order had been passed without him or his representatives being heard.
