The Delhi High Court refused to grant interim relief to activist Sonam Wangchuk's wife, denying her plea for his immediate discharge from Safdarjung Hospital and transfer to a private hospital, observing that he was not under detention.
Delhi HC Denies Interim Relief
The Delhi High Court on Sunday refused to grant interim relief to activist Sonam Wangchuk's wife, Gitanjali J Angmo, seeking his immediate discharge from Safdarjung Hospital and transfer to Medanta Hospital, observing that Wangchuk was not under detention and that the government's decision to shift him to the government hospital could not be termed arbitrary.
Gitanjali Angmo had approached the Delhi High Court challenging Wangchuk's continued stay at Safdarjung Hospital, alleging that he had been forcibly removed from Jantar Mantar while on an indefinite hunger strike demanding the resignation of Union Education Minister Dharmendra Pradhan over the NEET-UG paper leak, and was being kept in the hospital without his consent.
Court's Observations on Confinement
Justice Mini Pushkarna held that the material placed before the Court did not indicate that Wangchuk was being illegally confined. The Court noted that his wife, brother and other family members have been granted unrestricted access to him and have also been provided a separate room to stay at the hospital.
The Court observed that Wangchuk had been on a hunger strike for nearly 17-18 days before being shifted to Safdarjung Hospital and referred to the earlier Division Bench order directing daily medical monitoring by government doctors.
Government's Justification
Recording the Centre's submissions, the Court noted that Wangchuk was shifted to Safdarjung Hospital due to his deteriorating medical condition. It also took note of the medical opinion that his sugar and sodium levels were below normal and that his potassium level had fallen to a dangerously low level. The Court further noted that intravenous fluids had not been administered as Wangchuk had not consented to the same.
The High Court held that since the government had shifted Wangchuk to the hospital on account of his medical condition, the action could not be considered arbitrary. It also observed that the doctors at Safdarjung Hospital were closely monitoring his health and had administered only oral medication and fluids with his consent. Therefore, it said, there was nothing on record to suggest that any force had been used against him.
Arguments in Court
Petitioner's Submission
During the hearing, Senior Advocate Kapil Sibal, appearing for Angmo, argued that Wangchuk was entitled to receive treatment at a hospital of his own choice. He submitted that the family had already spoken to Medanta Hospital and sought permission to shift him there. Sibal contended that Wangchuk was not under detention, no criminal case had been registered against him, and there was no justification for preventing him from choosing his own hospital.
Centre's Submission
Appearing for the Centre, Additional Solicitor General Chetan Sharma defended the government's action, submitting that Wangchuk's health had deteriorated after an extended hunger strike. He told the Court that prolonged fasting had led to ketosis and other medical complications, requiring close monitoring by government doctors. Sharma also relied on the earlier Division Bench order directing medical intervention wherever necessary.
No Transfer Order, Next Hearing on July 24
The Court observed that "every life is precious" and noted the ASG's statement that Wangchuk's wife and brother had been given 24x7 access to him. It also recorded that the family had been provided with a separate room at the hospital.
Declining to pass any interim order directing Wangchuk's transfer to a private hospital, the Court issued notice on the petition and directed the respondents to file their status report and reply within three days.
The Court further directed that Wangchuk shall cooperate with the treating doctors in any medical intervention considered necessary in accordance with medical protocol. It also recorded the Centre's statement that all medical reports relating to Wangchuk would be regularly shared with his family. The next hearing will be on July 24.
Angmo had sought his immediate discharge, transfer to a hospital of the family's choice, unrestricted access for his lawyers and treating doctors, and complete disclosure of his medical records. The petition followed an earlier order of a Division Bench directing government doctors to monitor Wangchuk's health daily and provide medical intervention whenever necessary. (ANI)
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