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Delhi HC allows Sonam Wangchuk to be shifted to pvt hospital, cites his fundamental rights
Bench comprising two judges said the director of Medanta in Gurugram shall constitute a panel of doctors to oversee Wangchuk's treatment after his transfer.
The Delhi High Court on Tuesday allowed activist Sonam Wangchuk, who was picked up from the Cockroach Janta Protest (CJP) site at Delhi's Jantar Mantar last week, to be shifted from the government-run Safdarjung Hospital to Medanta Hospital, a private facility of his choice, while ensuring continuity of his treatment.
Hearing an appeal filed by Wangchuk's wife, Gitanjali Angmo, a bench of Chief Justice DK Upadhyaya and Justice Tejas Karia said all medical records and reports available with Safdarjung Hospital would be shared with Medanta. Track the July 21 CJP protest live here
The bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia also said the director of Medanta Hospital shall constitute a panel of doctors to oversee Wangchuk's treatment after his transfer.
Gitanjali Angmo reacted on X: “My heartfelt thanks to the Hon’ble Delhi highcourt for passing favourable order of discharge of [Sonam Wangchuk] to [Medanta], the hospital of our choice! My heartfelt thanks also to [Akhil Sibal] and Bahuli Sharma and their teams for this win against unbelievable odds in record time!!”
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The HC bench heard Angmo's appeal challenging a single judge's order refusing to discharge him from Safdarjung Hospital and allow his transfer to a private facility. The court had earlier sought Wangchuk's complete medical records.
CJ Upadhyaya and Justice Karia had earlier directed Safdarjung Hospital to file all pathological reports, including tests conducted by AIIMS and a private laboratory, along with every medical bulletin issued during Wangchuk's treatment.
What HC bench said
On Tuesday, the two-judge bench said its order would be in fulfilment of the requirements of ensuring Wangchuk's fundamental rights enshrined not only in Article 19 but 21 as well, of the Indian Constitution.
It noted that Solicitor General Tushar Mehta, appearing for the government, stated that it would have no objection to the hospitalisation of the appellant’s husband at Medanta. “In view of the aforesaid, we direct that the appellant’s husband be shifted immediately to Medanta hospital [in Gurugram]. The director shall form team of doctors having requisite expertise which shall constantly monitor the medical condition of the appellant’s husband (Sonam Wangchuk) and shall also administer the medication as maybe required as per the accepted medical norms, protocol,” the court said in the order.
Sibal questions Wangchuk's hospitalisation
During the hearing, senior advocate Akhil Sibal, appearing for Angmo, argued that Wangchuk was taken from Jantar Mantar to Safdarjung Hospital on Saturday without consultation and in the absence of any medical emergency, despite the court's July 16 order only directing authorities to monitor his health and medically intervene if necessary.
AIIMS doctors and Wangchuk's earlier treating physician were asked to be present at the hearing.
Bench questions doctors on medical condition
During the hearing, Chief Justice Upadhyaya asked the hospital doctors about Wangchuk's elevated urea and uric acid levels.
"What about the raised urea and uric acid levels? The raised acid isn't it an indication of some malfunctioning?" the Chief Justice asked, as per Bar and Bench.
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A doctor replied, "When we glucose is not taking, then the energy source is fat. So due to the breakdown of fat, there is ketones in the urine. After the days of fasting, these changes are natural."
Earlier, Sibal told the court that two doctors had been continuously treating Wangchuk throughout his hunger strike. "The court's concern is to save his life first. We are not concerned with any other thing. Therefore whatever samples you have analysed… please compile these report and file it on affidavit," the bench said on Monday, PTI reported.
Sibal argued that Wangchuk was conscious, not in the ICU and should be allowed to decide where he receives treatment.
Delhi Police removed Wangchuk from Jantar Mantar and forcefully hospitalised him at Safdarjung Hospital on Saturday, the 21st day of his indefinite hunger strike over paper leaks and the deaths of students linked to the NEET exam cancellation. He is now on Day 24 of his fast at the hospital.
On Sunday, Justice Mini Pushkarna declined to order his transfer to a private hospital, observing that shifting the fasting activist to Safdarjung Hospital was not arbitrary and that the treating medical team should continue to decide his treatment according to medical protocol. Angmo then approached a larger bench.
