'Govt Was Right In Shifting Sonam Wangchuk To Hospital' : Delhi High Court Refuses Interim Plea For Private Hospital Transfer

In a special Sunday sitting to hear a plea moved by activist Sonam Wangchuk's wife, Dr Gitanjali Angmo, the Delhi High Court refused to pass any interim order allowing him to be shifted to a private hospital of his own choice. [2026 LiveLaw (Del) 661]The High Court did not find the Government's decision to shift him to a hospital from the Jantar Mantar protest site - where he had been holding a hunger strike since June 28- to be "an arbitrary action.""Considering the fact that Mr. Sonam Wangchuk, on his own volition, did not check himself into any hospital facility in view of his deteriorating health condition, the government was under a bounden duty to take measures to ensure well-being of Mr. Sonam Wangchuk," Justice Mini Pushkarna observed in the order.The Judge noted that the doctors at the Safdarjung Hospital are closely monitoring his health and have only administered ORS without sugar and Potassium Chloride tablets with his consent. Hence, it cannot be said that any force has been used or his bodily autonomy has been violated, the Judge observed.The Court also accepted the Centre's submission that Wangchuk's wife and brother are given access to him and that they are given a separate room."Considering this, no interim order is required to be passed at this stage," the Court observed, while ordering notice to the respondents on Angmo's writ petition. The Centre has been asked to file a reply within three days.After the order was dictated, the Additional Solicitor General requested to observe in the order that the doctors will have the right to make whatever interventions necessary to save his life.Considering this, Justice Pushkarna added in the order, "Mr. Wangchuk will cooperate with doctors in administering any medical intervention, as doctors feel."However, Senior Advocate Kapil Sibal, for Wangchuk, objected to this observation, saying that it will allow forcing of treatment on him against his consent. Justice Pushkarna then said that she has not passed any direction, and agreed to qualify the sentence by adding "if he chooses." The ASG however raised a concern that this will add more problems, as it will entitle Wangchuk to even refuse water. The Court ultimately stated :"Needless to state, Mr. Sonam Wangchuk, if he so chooses, will cooperate with the doctors, with respect to any medical intervention, which is necessary in the facts and circumstances, considering his medical condition.However, the ultimate decision with regard to the assessment of the medical condition of Mr. Sonam Wangchuk would be taken by the Medical Team attending Mr. Sonam Wangchuk, which shall take appropriate decision as per strict medical protocols to protect Mr. Sonam Wangchuk's life and ensure his safety. The Medical Team shall continuously monitor the vitals of Mr. Sonam Wangchuk."Sibal also urged the Court to order the removal of police personnel from Wangchuk's room. The ASG, however disputed the presence of cops there.Courtroom hearingSenior Advocate Kapil Sibal, appearing for Angmo, submitted that following the July 16 order of the Delhi High Court, Wangchuk was taken to Safdarjung Government Hospital on July 18, where there is no access to him. "No access to his doctors, his lawyers. We don't know prescriptions given to him," Sibal said. He added that since Wangchuk was not under detention and there was no offence alleged against him, he should have the option to go to a hospital of his choice. Sibal said that Medanta Hospital has agreed to admit him.Sibal undertook that Wangchuk, if permitted by the Court, will get admitted at Medanta and will take treatment from there.Additional Solicitor General Chetan Sharma, for the Union, submitted that Wangchuk was in a "deteriorating health situation" following his 18-day fast, which necessitated the police action. He informed that apart from doctors of Safdarjung, doctors from AIIMS are also monitoring his situation. He highlighted there is a degree of sanctity attached to Government doctors, as the Courts usually rely upon them for medical intervention in cases."Even the President of India takes treatment from AIIMS," the ASG said.The ASG submitted that Wangchuk and his wife ought to have "complete faith in the integrity of the doctors"."They have absolutely no reason to have any sort of remotest doubt...he has been taken care of...but he has to cooperate with the attending doctors as also with what the division bench of this Court observed," ASG asserted.The ASG said that Angmo has been given access to Wangchuk. However, he objected to her prayer to grant access to lawyers also. "This is a hospital, not a court. What sort of prayer is this? This is befuddling," he asked."I am even willing to go to this extent of saying, assuming they have doubts, he can be shifted to AIIMS." ASG added.The Court also interacted with Dr Akshay, Addl Professor, Emergency Medicine, AIIMS, who said he has been monitoring Wangchuk's situation. He submitted that Wangchuk has started taking ORS...

'Govt Was Right In Shifting Sonam Wangchuk To Hospital' : Delhi High Court Refuses Interim Plea For Private Hospital Transfer

Nupur Thapliyal

The Court pointed out that Wangchuk did not voluntarily go to any hospital despite his falling health.

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Nupur Thapliyal

'Govt Was Right In Shifting Sonam Wangchuk To Hospital' : Delhi High Court Refuses Interim Plea For Private Hospital Transfer

Nupur Thapliyal

The Court pointed out that Wangchuk did not voluntarily go to any hospital despite his falling health.

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