Appeal Against Refusal To Shift Sonam Wangchuk To Private Hospital : Live Updates From Delhi High Court Hearing

That is prior to him being taken to hospital: Sibal

ASG: Whatever apprehension my friend has cannot be substitute to medical advice. Wangchuk made a representation. Reply was given.

Mehta: There was representation that i want to participate in protest. It was supposed to be decided by medical experts that if his body can deal with that kind of stress.

CJ: There are situations when counts are raised but you dont feel fever. Lab reports are to be corroborated with clinical examination of patient. Report given by safdarjung showed potassium to be 2.8. Your report shows 3.5.

Mehta: Please see the timing.

Court: You are now being given sample of blood?

Sibal: Yes. Everything within normal range.

Court: Its not healthy. Its borderline.

CJ: Same sample is taken to test by two different labs. The parameters can vary. The pathological reports are to be corroborated with clinical condition of patient.

Court: We want to know his health condition as of today. Please bring on record and we will take a call. And you say that one sample was sent to safdarjung, another to aiims and third to private lab. What are the other reports? It is not only sodium and potassium. The difficulty in such situation is causing stress to kidney. In one report there is higher level of creatinine and blood urea.

Mehta: It would be interest and duty of State to ensure his health is not deteriorated. We are dealing with person who is on protest site, whose deterioration of health or unforeseen event of his health, it will have repercussions.

Mehta: Periodically bulletins are published. Normal circumstances it is bodily autonomy of an individual to take or not take treatment. But when deterioration of your health may lead to law and order situation…. We are not dealing with case of euthanasia. But of someone who has right to protest but someone who is exercising the right to protest… suppose tomorrow someone says unless my demand is met, i will commit suicide. As a part of protest that i will commit suicide. Then interest of state comes in.

Mehta: I will not go into if report was right or wrong. Petitioner says i dont trust report. Doctors say how would we install the trust in you. One sample tested in safdarjung, same was tested in aiims as well, third sample would be tested in private lab. That was done. All reports came to be substantially same.

SGI Tushar Mehta: A couple of things. It is true that when first petition was moved the concern was life of person, that was concern of all. It was reflected in my statement.

Sibal: He is exercising that right and he may be permitted to do so. That’s all.

Sibal: We have apprehension that medical intervention will be forced on him by doctors who are not of his choice. Nothing against the doctors.