New Delhi, Jul 19: The Delhi High Court on Sunday refused to interfere with activist Sonam Wangchuk’s treatment at Safdarjung Hospital here, stating that the government’s removal of the fasting activist from Jantar Mantar to a government hospital cannot be called arbitrary.
Justice Mini Pushkarna said no interim order to immediately transfer the activist was required at this stage.
The observation came on a petition by Wangchuk’s wife, Gitanjali J Angmo, seeking permission to shift him to a private facility.
In a special hearing held on Sunday, Justice Pushkarna said Safdarjung doctors were closely monitoring the activist, and it could not be said that any force was being used against him in violation of his bodily integrity.
Taking note of the high court’s July 16 order directing the authorities to monitor Wangchuk’s health and medically intervene, if necessary, Justice Pushkarna observed that since Wangchuk did not check himself into any hospital facility, the government was “within its right” to take him to Safdarjung in view of his medical condition.
“Since the government has taken the decision to shift Mr Sonam Wangchuk to a hospital on account of his medical condition, this court does not find the same to an arbitrary action. Since the doctors at Safdarjung hospital are closely monitoring the health of Mr Sonam Wangchuk and have only administered oral fluids, potassium chloride and oral ORS without sugar with consent of Mr Sonam Wangchuk, it cannot be said that any force is being used or his body autonomy is being violated in any manner,” said the court.
“No interim orders are required to be passed by the court at the present stage,” it added.
Justice Pushkarna observed that Wangchuk’s wife, his brother, and his brother-in-law have been given round-the-clock access to him.
Access is given to the family members in an “unprecedented manner”, who have also been given a room in the hospital, the judge said.
Justice Pushkarna also issued notices to the Centre, Safdarjung Hospital, and the city police on Angmo’s plea seeking his transfer to a private facility, and asked them to file their responses within three days.
The petition would be heard next on July 24.
Additional Solicitor General (ASG) Chetan Sharma submitted that there should be no reason for any “doubt” in the matter and assured that Wangchuk’s medical reports would be shared with his wife.
Sharma said, in compliance with the high court’s directions, the government was “duty-bound” to admit Wangchuk to a hospital because his vitals were critical.
“The government has to be extra careful. Whatever happens to him will have consequences. The government has to be cautious,” the senior law officer said, adding that if so directed, Wangchuk could be moved to AIIMS.
He also sought the court’s direction to Wangchuk to cooperate with the doctors.
“Needless to state that Mr Sonam Wangchuk will cooperate with the doctors in administering whatever medical intervention if necessary, in the circumstances, if he so chooses,” the court responded.
“It is to be noted that the ultimate decision with regard to the medical condition of Mr Wangchuk would be monitored by the medical team attending him, which shall take decision as per the medical protocol,” the court added.
Senior advocate Kapil Sibal, who appeared for the petitioner, said that they want Wangchuk to be shifted to Medanta Hospital, and the Safdarjung doctors can be part of the team there.
He asserted that no order can be passed to force Wangchuk to accept any treatment and that the high court’s July 16 order was passed ex parte.
Emphasising that Wangchuk was not in any detention and was a free citizen, Sibal asked if an individual can be denied admission to a hospital of his choice.
He also objected to the presence of police in the hospital near Wangchuk’s room. Angmo, who was present in court, submitted that she has lost her trust in Safdarjung Hospital and wanted to take Wangchuk to a facility where he is comfortable.
“There is discharge against medical advice. If this is not happening today, we would execute that. Medanta has agreed to send an emergency van. As an individual of this country, nobody can hold me to a place,” she said.
Doctors from Safdarjung and AIIMS, who are monitoring Wangchuk, explained Wangchuk’s medical condition in the courtroom.
The ASG opposed Angmo’s plea to let their counsel have access to Wangchuk, stating that lawyers did not need to be present in the hospital.
In her petition, Angmo said that despite repeated requests, the Safdarjung authorities disclosed “only selective information” to her, and their refusal to let Wangchuk shift to another hospital has prevented an “independent verification of his medical condition.”
Expressing “dire concern” over her husband’s health, Angmo said she is “aggrieved by the clandestine and completely opaque nature” of the medical intervention, despite Wangchuk’s vital parameters being stable when he was removed from the protest site.
Earlier today, she sought an urgent hearing on her petition.
On Saturday, Wangchuk was taken forcibly to Safdarjung Hospital by the Delhi Police on the 21st day of his hunger strike.
He has been on a hunger strike since June 28 over alleged irregularities in the NEET and several students’ suicides in the wake of the cancellation of the paper earlier. (PTI)
