Shifting Sonam Wangchuk To Hospital Of Choice Will Ensure Protection Of His Fundamental Rights: Delhi High Court

While directing shifting of activist Sonam Wangchuk from Safdarjung Hospital to Medanta Hospital, the Delhi High Court on Tuesday (July 21) observed that the move will fulfil the requirements of ensuring his fundamental rights. [2026 LiveLaw (Del) 669]Earlier today the high court had proposed shifting the activist to a hospital of his choice, noting a broad consensus among government and private doctors that he requires continuous medical monitoring in view of his ongoing hunger strike.A division bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia disposed of an appeal filed by Wangchuk's wife, Dr. Gitanjali Angmo, challenging a single judge's refusal to permit his transfer to a private hospital.In the post lunch session, the court while dictating its order noted the presence of In-charge Director of AIIMS Dr. Tandon, Dr. Akshay Additional Professor Emergency Medicine AIIMS as well as Dr. Lamba whom the Wangchuk has been consulting. Perusing the medical reports on analysis of blood and urine samples conducted at private laboratory, sworn affidavit of Doctor at Safdarjung, and after interacting with the three doctors the court said:"What we found is that certain concerns have been expressed by doctors primarily relating to low TLC and potassium level in the blood sample of husband of appellant. There appears to be consensus that husband of appellant needs constant monitoring by medical experts. At present he is being treated at safdurjung hospital. Mr. Sibal has raised an argument regarding alleged violation of fundamental right of husband of appellant enshrined under Article 19 and 21.We are of opinion that the husband of appellant ought to be shifted to hospital of his choice.On behalf of appellant it has been stated that appellant can be medically taken care of at Medanta hospital which is hospital of his choice. We are of opinion that in case Wangchuk is shifted to Medanta hospital, that will be in fulfilment of requirements of ensuring his fundamental rights"The court also noted the statement of Solicitor General of India Tushar Mehta that respondents will have no objection to hospitalization of Wangchuk at Medanta hospital. "We accordingly direct that husband of appellant shall immediately be shifted to Medanta hospital at Gurgaon. The director of Medanta hospital shall form a team of doctors having requisite expertise which shall constantly monitor his medical condition. It shall also administer medication as required as per their opinion as per accepted medical protocol," the court directed. The court further directed that Angmo must be given access to her husband during hospitalization at Medanta, in addition to medical protocol and she shall be allowed to visit him as and when she desires. The Court also directed Wangchuk to abide by medical treatment of medical team at Medanta hospital.While parting the court also appreciated the Doctors from AIIMS as well as Dr. Lamba for their assistance. It also orally said that the Court is only concerned about Wangchuk's life and safety and his fundamental rights and not with what else was going on. Wangchuk was taken from Jantar Mantar by Delhi Police on July 18, where he had been on a hunger strike in solidarity with the Cockroach Janta Party and students protesting the alleged NEET paper leak. He was shifted to Safdarjung Hospital after the same division bench, on July 16, directed the Centre to ensure daily clinical monitoring and provide medical treatment if required.In a special Sunday sitting, a single judge had refused to pass any orders directing Wangchuk to be shifted at a hospital of his choice.On Monday, the High Court had directed Safdarjung Hospital, AIIMS and Wangchuk's personal doctors to place all pathological reports and medical opinions on record before it considered his plea for transfer to a private hospital of his choice.The appeal was disposed of. Counsel for Appellant: Mr Akhil Sibal, Sr. Adv; Ms Bahuli Sharma, Adv; Ms Susan Maria Mathew, Adv; Mr Yoshit Jain, Adv; Mr Suryaansh K. Razdan, Adv; Ms Ridhi Arora, Adv; Ms Jahnavi Sindhu, Adv; Petitioner In Person (Ms Gitanjali Angmo)Counsel for Respondents: SGI Tushar Mehta; ASG Chetan Sharma; CGSC Ashish Dixit; Sameer Vashisht, Standing Counsel (Civil) GNCTDTitle: GITANJALI J. ANGMO v. UNION OF INDIA & ORSCitation: 2026 LiveLaw (Del) 669Click here to read order

Shifting Sonam Wangchuk To Hospital Of Choice Will Ensure Protection Of His Fundamental Rights: Delhi High Court

Nupur Thapliyal

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Nupur Thapliyal

Shifting Sonam Wangchuk To Hospital Of Choice Will Ensure Protection Of His Fundamental Rights: Delhi High Court

Nupur Thapliyal

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Nupur Thapliyal

This is a premium content
Available exclusively to
Our subscribers