Delhi HC refuses to shift Sonam Wangchuk from Safdarjung, says hospitalisation not arbitrary

The Delhi High Court on July 19 refused to interfere with activist Sonam Wangchuk's treatment at Safdarjung Hospital, observing that the government's decision to shift him from Jantar Mantar to the hospital amid his indefinite hunger strike was not arbitrary.

Hearing a petition filed by Wangchuk's wife, Gitanjali J. Angmo, seeking permission to transfer him to a private hospital, Justice Mini Pushkarna declined to pass any interim order for his immediate transfer.

The court noted that Wangchuk, who has been on an indefinite fast since June 28 over alleged irregularities in the NEET examination, was shifted to Safdarjung Hospital after his medical condition warranted intervention.

Observing that doctors at Safdarjung Hospital were closely monitoring his health, the court said there was no evidence that force was being used or that Wangchuk's bodily autonomy was being violated. It noted that only oral fluids, potassium chloride and sugar-free oral ORS had been administered with his consent.

"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 be an arbitrary action," the court observed, adding that no interim relief was required at this stage.

The court also took note of its July 16 order directing authorities to monitor Wangchuk's health and medically intervene if necessary. Since he had not admitted himself to any medical facility, the government was "within its right" to move him to Safdarjung Hospital, it said.

Justice Pushkarna issued notices to the Centre, Delhi Police and Safdarjung Hospital on Angmo's plea seeking his transfer to a private facility and directed them to file responses within three days. The matter will be heard next on July 24.

Appearing for the petitioner, senior advocate Kapil Sibal argued that Wangchuk should be shifted to Medanta Hospital, with Safdarjung doctors continuing to be part of the medical team. He contended that no one could be forced to undergo treatment against their will and objected to the police presence near Wangchuk's hospital room.

Angmo also told the court she had lost confidence in the treatment at Safdarjung Hospital and wanted her husband shifted to a hospital of his choice. She alleged that only selective information about his medical condition was being shared with the family.

Opposing the plea, Additional Solicitor General Chetan Sharma submitted that the government was duty-bound to shift Wangchuk to a hospital after his vital health parameters became critical. He assured the court that Wangchuk's medical reports would be shared with his wife and said the government had acted in compliance with the High Court's earlier directions.

The court also observed that Wangchuk's wife, brother and brother-in-law had been given round-the-clock access to him and even provided accommodation at the hospital. It clarified that any future medical intervention would be decided by the treating doctors in accordance with established medical protocols, while noting that Wangchuk would cooperate with treatment "if he so chooses."

Wangchuk was taken to Safdarjung Hospital by Delhi Police on Saturday, the 21st day of his hunger strike, after concerns over his deteriorating health. He has been protesting over alleged NEET examination irregularities and student suicides linked to the cancellation of the examination.