Delhi HC says Wangchuk's shift to Safdarjung was not arbitrary; declines transfer plea

The Delhi High Court on Sunday refused to pass an interim order directing the transfer of activist Sonam Wangchuk from Safdarjung Hospital to a private medical facility, observing that the government's decision to remove the fasting activist from Jantar Mantar and admit him to the government hospital could not be termed arbitrary.

Hearing a petition filed by Wangchuk's wife, Gitanjali J. Angmo, Justice Mini Pushkarna said no interim relief was warranted at this stage, noting that doctors at Safdarjung Hospital were closely monitoring Wangchuk's condition and that there was no evidence of force being used against him or any violation of his bodily autonomy.

Taking note of its 16 July order directing the authorities to monitor Wangchuk's health and medically intervene if necessary, the court observed that since he had not admitted himself to any medical facility, the government was "within its right" to shift him to Safdarjung Hospital in view of his medical condition.

"Since the government has taken the decision to shift Mr Sonam Wangchuk to a hospital on account of his medical condition, this court does not find the same to an arbitrary action. Since the doctors at Safdarjung Hospital are closely monitoring the health of Mr Sonam Wangchuk and have only administered oral fluids, potassium chloride and oral ORS without sugar with consent of Mr Sonam Wangchuk, it cannot be said that any force is being used or his body autonomy is being violated in any manner," the court said.

The court further observed that Wangchuk's wife, brother and brother-in-law had been granted round-the-clock access to him, describing the arrangement as "unprecedented". It noted that the family had also been provided a room at the hospital.

Justice Pushkarna issued notices to the Centre, Safdarjung Hospital and the Delhi Police on Angmo's plea seeking Wangchuk's transfer to a private hospital, directing them to file their responses within three days. The matter will next be heard on 24 July.

Additional Solicitor General Chetan Sharma submitted that the government had admitted Wangchuk to hospital in compliance with the high court's earlier directions because his vital parameters had become critical.

"The government has to be extra careful. Whatever happens to him will have consequences. The government has to be cautious," Sharma said, adding that Wangchuk could be shifted to AIIMS (All India Institute of Medical Sciences) if directed by the court.

He also sought a direction asking Wangchuk to cooperate with doctors. The court responded that Wangchuk would cooperate with any medical intervention "if he so chooses", while emphasising that the attending medical team would take decisions in accordance with established medical protocols.

Senior advocate Kapil Sibal, appearing for Angmo, argued that Wangchuk should be shifted to Medanta Hospital, with Safdarjung doctors joining the medical team if required. He contended that no court could compel Wangchuk to undergo treatment against his wishes and said the high court's 16 July order had been passed ex parte.

Sibal further argued that Wangchuk was not under detention and, as a free citizen, should be allowed to receive treatment at a hospital of his choice. He also objected to the presence of police personnel outside Wangchuk's hospital room.

Addressing the court, Angmo said she had lost confidence in Safdarjung Hospital and wanted her husband to be treated at a facility where he was comfortable.

"There is discharge against medical advice. If this is not happening today, we would execute that. Medanta has agreed to send an emergency van. As an individual of this country, nobody can hold me to a place," she said.

Doctors from Safdarjung Hospital and AIIMS, who are monitoring Wangchuk's condition, briefed the court on his medical status during the hearing.

The Centre opposed Angmo's request to allow her legal counsel access to Wangchuk in hospital, arguing that lawyers did not need to be present there.

In her petition, Angmo alleged that Safdarjung Hospital had disclosed only selective information about Wangchuk's health and had prevented an independent assessment by refusing to allow his transfer to another hospital. She expressed concern over the "clandestine and completely opaque nature" of the medical intervention despite claiming that Wangchuk's vital parameters were stable when he was removed from the protest site.

Wangchuk was taken to Safdarjung Hospital by the Delhi Police on Saturday, the 21st day of his indefinite hunger strike over alleged irregularities in the National Eligibility cum Entrance Test (NEET) and student suicides following the cancellation of the examination paper.