The Delhi High Court, in a special sitting on Sunday, declined to immediately permit activist Sonam Wangchuk’s wife to shift him from Safdarjung Hospital to a private medical facility, observing that the government’s decision to admit had been taken in view of his medical condition and could not be termed “arbitrary.”
A bench of justice Mini Pushkarna observed that Wangchuk had not voluntarily admitted himself to any hospital, and the government was therefore within its authority to intervene in view of his medical condition.
The court said that the doctors were closely monitoring the activist’s health, administering medication only with his consent and it could thus not be said that any force was being used against him.
The bench further observed that the authorities had granted Wangchuk’s wife Gitanjali Agmo, brother and brother-in-law round-the-clock access to him, an unprecedented arrangement that is generally not extended to the relatives of other patients. It also noted that the family had been provided a room within the hospital to facilitate their access to him.
“This court takes note that sugar and sodium levels of Mr Wangchuk are the lower side as informed to this court. This court also takes into account the submission made before this court that the potassium levels of Mr Wangchuk are on dangerous low level on account of which certain treatment has been given to him with his consent. This court also takes note of the submission made on behalf of the respondents that IV fluids have not been given to Mr Wangchuk, as of now, since he did not give consent to. Considering the overall conspectus of the facts and circumstances before this court, this court is of the view that since the government has taken the decision to shift Mr Wangchuk to hospital on account of his medical condition, this court does not find the same to be an arbitrary action,” the court said in its order.
It added, “Since the doctors at Safdarjung hospital are closely monitoring the health of Mr Sonam Wangchuk, and only administered oral fluids and other potassium chloride, ORS without sugar as per consent of Sonam Wangchuk, it cannot be said that any force is being used against Wangchuk or his body autonomy is being violated in any manner whatsoever”
The court passed the order in a petition filed by Gitanjali seeking a declaration that her husband’s continued confinement at Safdarjung Hospital was unconstitutional and requesting that he be transferred from Safdarjung Hospital to a private medical facility.
Gitanjali’s counsel, Kapil Sibal, argued that Wangchuk had previously undertaken hunger strikes lasting 30–35 days and had withstood them. He further contended that the activist was being kept at Safdarjung Hospital without his or his family’s consent, even when he had not been in detention.
The senior lawyer submitted that the activist had the right to be treated at a hospital of his own choice and the high court’s order in which it had asked the Centre to ensure that activist’s health is medically examined every day by government doctors and that necessary medical intervention is provided if his condition deteriorates, was passed without giving her client an opportunity to be heard.
Gitanjali who was present in person in the court, also submitted that whenever she tried to speak to her husband, it seemed that the policemen were “eavesdropping”. [check quotes]
Opposing the plea, the Centre and the Delhi Police, represented by Additional Solicitor General Chetan Sharma along with Standing Counsel Ashish Dixit, submitted that the decision to shift Wangchuk had been taken due to “compelling circumstances”, citing his deteriorating health and worsening vital parameters. He further cited that the same was also in compliance of the high court’s July 16 order.
The court also issued notice in the petition, sought Centre and Delhi government’s reply and fixed July 24 as the next date of hearing.
Wangchuk, who has been on an indefinite hunger strike at Jantar Mantar for 21 days over irregularities in national examinations, was taken to Safdarjung Hospital by Delhi Police on Saturday morning. While the police said the move was aimed at monitoring his health in line with court directions, opposition parties accused the Centre of using force against a peaceful protest and questioned the timing of the action, a day after the appointment of a new Delhi police commissioner.
The BJP defended the police action, saying it was taken to protect Wangchuk’s health.
Supporters said Wangchuk was forcibly removed, triggering a commotion at the protest site, during which they were allegedly lathi-charged and Cockroach Janata Party (CJP) founder Abhijeet Dipke was briefly detained.
