Shifting Sonam Wangchuk to hospital not arbitrary: Delhi HC declines interim relief

NEW DELHI, (IANS): The Delhi High Court on Sunday refused to pass any interim order on a plea filed by Sonam Wangchuk's wife challenging his continued hospitalisation at Safdarjung Hospital, observing that the government's decision to shift him from the Jantar Mantar protest site in view of his deteriorating medical condition could not be termed arbitrary.

Issuing notice on the petition, a single-judge Bench of Justice Mini Pushkarna directed the Centre and other respondents, including the Delhi Police, to file their status reports within three days and posted the matter for further hearing on July 24.

In the order, Justice Pushkarna observed that since the government had taken the decision to shift Wangchuk to the hospital on account of his medical condition, the action could not be said to be arbitrary.

The Delhi High Court further recorded that doctors at Safdarjung Hospital were closely monitoring Wangchuk's health and that only oral medication had been administered with his consent.

"Since doctors of the hospital are closely monitoring him and giving him oral medicine with his consent, it cannot be said that force is being used or his autonomy is being violated," Justice Pushkarna said.

The judge also observed that considering Wangchuk had not voluntarily admitted himself to any hospital despite his deteriorating health condition, the government was within its rights to shift him to a medical facility.

"Considering the fact that Wangchuk on his own volition did not check himself into any hospital facility in view of his deteriorating health condition, the government was within its right to take such action," the Delhi High Court said.

During the hearing, Additional Solicitor General Chetan Sharma, appearing for the Centre, submitted that Wangchuk was not under detention and that his family members had unrestricted access to him.

Taking note of the submission, the Delhi High Court recorded that Wangchuk's wife, brother and brother-in-law have been given unlimited access to meet him round the clock and that a separate room has been provided for the family.

It also recorded the statement of the Centre’s law officer that Wangchuk's medical reports would be shared with his family.

Observing that every life is precious, the Delhi High Court said that in view of the submissions made by the Centre and the medical team regarding access to family members and the ongoing treatment, no interim directions were required at this stage.

Justice Pushkarna also clarified that all decisions relating to Wangchuk's treatment and medical condition would be taken by the medical team in accordance with established medical protocol.

The petition was filed by Wangchuk's wife, Gitanjali J. Angmo, challenging his continued hospitalisation at Safdarjung Hospital and seeking his immediate discharge and transfer to a hospital of the family's choice.

She had alleged that Wangchuk was forcibly removed from the Jantar Mantar protest site on Saturday and admitted to Safdarjung Hospital without his consent.

The plea also raised concerns over alleged discrepancies in his medical reports and sought unrestricted access to his legal counsel and doctors of his choice.

Wangchuk, who has been on an indefinite hunger strike since June 28 in support of students protesting over alleged irregularities in the NEET-UG examination, was shifted to Safdarjung Hospital on Saturday after his health deteriorated.