Delhi HC Allows Sonam Wangchuk’s Shift to Medanta Hospital

New Delhi: The Delhi High Court on Tuesday ordered immediate transfer of activist Sonam Wangchuk, who has been on an indefinite fast since June 28 due to alleged examination irregularities, from Safdarjung Hospital here to Medanta Hospital in Gurugram.

A bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia passed the order following an appeal filed by the activist’s wife, Gitanjali Angmo, against the high court’s order on Sunday refusing to intervene in her ongoing treatment at the central government hospital and transfer her to Medanta Hospital.

The court asked the director of Medanta Hospital to form a team of doctors with the necessary expertise to constantly monitor Wangchuk.

He said doctors should prescribe medication according to accepted medical norms and protocol “which the appellant’s husband would follow”.

The court said Wangchuk should be transferred to a hospital of his choice that would fulfill his fundamental rights under Articles 19 and 21 of the Constitution.

“Accordingly, we direct that the appellant’s husband be immediately transferred to Medanta Hospital, Gurugram. The director of Medanta Hospital shall constitute a team of doctors with requisite expertise who will constantly monitor the medical condition of the appellant’s husband and will also administer necessary medications as per their opinion in view of the accepted medical norms and protocols to be followed by the appellant’s husband,” the court said.

Closing the hearing, the panel said, “We are interested in (Wangchuk’s) fundamental rights. We have nothing to do with what happened.”

It was also stated that Angmo would be allowed to visit Wangchuk whenever he wanted.

Solicitor General (SG) Tushar Mehta said the government had no objection to Wangchuk’s transfer to Medanta Hospital.

However, the senior law officer maintained that the activist should not have been discharged from Medanta Hospital despite medical advice.

“Medanta is a reputed hospital. The government will have no objection if he is transferred to Medanta. The only problem is that he cannot be discharged despite medical advice. The irony of today’s situation is that those around him want him to go out regardless of his health,” Mehta said.

Chief Justice Upadhyaya replied, “We will not go into all of these. Don’t drag the court into them.”

The court heard from AIIMS Executive Director Dr. He met with Nikhil Tandon; The treating doctor from AIIMS, who was part of the team monitoring Wangchuk at Safdarjung Hospital; and the activist’s own doctor, and observed that there was a consensus that the activist needed monitoring.

Dr Tandon said Wangchuk’s reports showed that certain parameters were not within the accepted range, requiring follow-up, and that his immunity was also low.

“A lot of things are expected when you’re fasting. Just because it’s expected doesn’t mean it’s normal,” he said.

Senior advocate Akhil Sibal, speaking on behalf of Angmo, argued that Wangchuk’s vital condition was stable and he should be shifted to Medanta Hospital for the advancement of his fundamental rights under Articles 19 and 21.

He said the activist also wrote a letter complaining about his hospitalization in Safdarjung and raising issues of surveillance and taking away his devices.

The court on Monday asked Safdarjung Hospital to produce Wangchuk’s pathological reports and medical bulletins and said a phone call should be held on Tuesday following his wife’s request to transfer him to a private facility.

In his appeal, Angmo argued that the single judge’s decision on Sunday illegally imprisoned Wangchuk in Safdarjung Hospital without any arrest, effectively directing that neither the activist nor his wife had decisive authority in determining his medical treatment.

On Monday, Angmo’s senior lawyer had said that Wangchuk was picked up from Jantar Mantar on July 18 and taken to Safdarjung Hospital without any examination and in the absence of any medical emergency, allegedly in compliance with the panel’s July 16 order asking the authorities to monitor his health and provide medical attention if necessary.

Asserting one’s right and bodily autonomy to accept medical treatment or supervision in a hospital of one’s choice, Sibal said the succession of events led to “loss of trust” and that Wangchuk, who was not in any custody, should be allowed to be discharged from Safdarjung Hospital.

SG Mehta had then said that this was not a case of an “ordinary individual” “sitting at home” and that it was the duty of the State to ensure that the health of this person does not deteriorate further and lead to a law and order crisis, keeping in mind the possible consequences of “subsequent unforeseen events”.

In a special hearing held on Sunday, Justice Mini Pushkarna had refused to interfere with Wangchuk’s treatment at Safdarjung Hospital, stating that the government’s transfer of the fasting activist from Jantar Mantar to a government hospital could not be called arbitrary.

Angmo had sought an urgent hearing on his petition before a single judge on Sunday, a day after Delhi Police removed Wangchuk from the protest site at Jantar Mantar and forcibly transferred him to Safdarjung Hospital on the 21st day of his hunger strike.