Sonam Wangchuk’s right decision on Safardjung hospitalisation: Delhi HC on Gitanjali’s Medanta transfer plea — What he said | Today’s news

The Delhi High Court on Sunday refused to issue an interim direction to release activist Sonam Wangchuk from Safdarjung Hospital, saying the government’s decision to shift him there due to his medical condition cannot be termed arbitrary, according to the Bar and Bench.

In the case of Gitanjali J Angmo v Union of India & Ors, Justice Mini Pushkarna noted that Wangchuk was under medical supervision and agreed to receive electrolytes. The court stated that there was no violation of his right to bodily autonomy.

“Considering the overall perspective, because the government made the decision to transfer Wangchuk to the hospital because of his medical condition, this court did not find the same to be arbitrary,” the Court noted.

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The Delhi High Court noted that the government’s decision to shift Wangchuk to Safdarjung Hospital due to his medical condition was not arbitrary as he did not voluntarily confess despite his condition.

Lawyer Sonam Wangchuk argued that he was not in custody and questioned whether the government could prevent a citizen from choosing a preferred hospital, thus asserting the rights of the family over medical decisions.

The government said Wangchuk was admitted to Safdarjung Hospital after an 18-day long hunger strike, which may have led to health complications, and that he received proper medical care and electrolyte treatment with his consent.

Wangchuk’s family expressed disbelief at Safdarjung’s hospital treatment, and his wife raised concerns about the lack of transparency in his potassium levels and sought urgent permission to transfer him to a private hospital due to concerns about his health.

Health experts said prolonged starvation can lead to dangerous conditions such as electrolyte imbalance and dehydration, which require medical intervention to prevent serious health complications.

The court noted that since Sonam Wangchuk, despite her medical condition, did not choose to be admitted to the hospital, the government was entitled to intervene.

“Given that Wangchuk did not voluntarily report to the hospital, the government had the right to take such action. As the division has already stated, every life is precious,” it said.

It also noted the government’s claim that Wangchuk’s family members had unlimited access to see him throughout the day, unlike other patients who could only see visitors during fixed visiting hours.

The court further noted that a separate room was provided for Wangchuk’s family members. In those circumstances, he decided that no interim directions were necessary at this stage.

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The court also ordered that Wangchuk’s medical reports be shared with his family and scheduled another hearing on the case for July 24.

What did Kapil Sibal say representing Wangchuk?

Advocate Kapil Sibal, representing Sonam Wangchuk before the court, sought to have the activist transferred to Medanta Hospital, according to Hindustan Times. “We have spoken to Medanta. We are seeking his release so we can go to Medanta. They will send an ambulance and we will go there and get treatment there. That is our limited prayer,” he mentioned during the hearing.

Sibal claimed that Wangchuk was not in custody and that no case was registered against him. He questioned whether a citizen could be prevented from choosing a hospital according to his preferences, and argued that the government was exercising control over Wangchuk’s medical decisions.

Read also | ‘Be fearless’: Sonam Wangchuk tells protesters to keep marching to Parliament

“He is not in custody. There is no case against him, a citizen of India is not allowed to go to a hospital of his choice? How can they say the government is taking control of his body and not allowing him?” Sibal stated.

Sibal said they had no objection to doctors from AIIMS or Safdarjung being included in the medical team. He also claimed that police officers were stationed around Wangchuk’s room and questioned whether the family was less concerned about his health than the doctors.

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“Is the family less concerned about his health than the doctors?” he said.

He mentioned, “They have absolutely no reason to doubt. He is being taken care of. But he has to cooperate with the treating doctors.”

What the Center said

Speaking for the Centre, SG Chetan Sharma said the July 16 order made it clear that all medical treatment and interventions for Sonam Wangchuk would be carried out by the government. He said that doctors from Safdarjung Hospital and AIIMS are currently attending to him.

Sharma told the court that a prolonged 18-day fast, especially in humid conditions, could result in health complications and informed that Wangchuk was admitted to the emergency room.

He further stated that Wangchuk was given sugar-free electrolytes with his consent. According to the ASG, medical tests and blood tests were conducted at AIIMS, Safdarjung Hospital and private laboratories.

The ASG disputed the request to allow legal counsel access to Sonam Wangchuk, saying he is currently admitted to hospital and is not appearing before the court.

“If the court feels that way, we could also transfer him to AIIMS. But that is not a concession,” he said, adding, “In the prevailing circumstances, whatever happens to him will have consequences. The government will have to be more circumspect and extra careful.”