Delhi HC backs shifting Wangchuk to hospital, seeks health report in 3 days

The Delhi High Court on Sunday (July 19) asked doctors and the Centre to produce a status report on the health conditions of activist Sonam Wangchuk, who was whisked away by Delhi Police personnel on Saturday (July 18) morning amid an indefinite hunger strike seeking educational reforms, to a government hospital, within three days.

Justice Mini Pushkarna said this during a special sitting to hear a petition filed by the protester’s wife, Gitanjali Angmo, challenging the police action to remove the former to the Capital’s Safdarjung Hospital from the protest site at Jantar Mantar. She also sought directions to shift her husband to a private hospital, expressing little confidence in the government facility’s treatment procedure.

Also read: ‘Sonam Wangchuk’s removal was more like abduction; no legal basis at all’

The court, which issued notice to the Centre, Safdarjung Hospital, and the city police on Angmo's plea seeking his transfer to a private facility, however, refused to oblige the petitioner.

The next hearing will resume on Friday (July 24).

Wangchuk's removal also came two days prior to the protesters' decision to march to Parliament on Monday (July 20) to press for the demands, including the resignation of Union Education Minister Dharmendra Pradhan, over alleged examination irregularities in recent times.

Court backs govt move to shift Wangchuk to hospital

The high court also backed the government’s move to shift the protesting activist to the state hospital, saying it was not an arbitrary move, given his worsening health conditions. His fasting entered its 21st day on Saturday.

Angmo refused to call it a situation of medical care but “illegal detention” and warned that if Wangchuk suffered any harm, both the hospital authorities and the government must bear responsibility. The court rejected the claim that the activist was being detained or that his bodily autonomy was being transgressed. According to it, Wangchuk remains a free citizen, and his treatment at the hospital happened with his consent.

Also read: Why Wangchuk's strike may not become an Anna Hazare-like movement

“Considering the fact that Mr. Sonam Wangchuck on his own volition did not check himself into any hospital facility, the Govt was within its rights to take such action as already stated,” Justice Pushkarna said in the order, Live Law reported.

What govt, petitioner advocates said

Additional Solicitor General (ASG) Chetan Sharma, appearing for the Centre, submitted that there should be no reason for any "doubt" about Wangchuk's treatment at Safdarjung Hospital. He said the latter is being taken care of by the doctors at the hospital, but he has to cooperate.

"Needless to state that Sonam Wangchuk will cooperate with doctors in administering medical intervention if necessary, if he so chooses," the court responded.

Also read: Ground Report: Why Wangchuk's fellow organisers can't convince him to stop

Senior advocate Kapil Sibal, who appeared for the petitioner, said that they wanted Wangchuk to be shifted to the private Medanta Hospital.

Emphasising that Wangchuk was not in any detention, Sibal asked if an individual can be denied admission in a hospital of his choice.

HC asked govts to monitor Wangchuk's health before cops' action

It was days prior to the police action that the Delhi High Court had asked the Centre and Delhi governments to ensure that Wangchuk’s health was regularly monitored. The police, after lifting him from the protest site, defended their action, saying it was in compliance with the court’s order and expert medical advice to give him essential care, keeping his health risks in mind.

The court also said in its Sunday order that no interim order was required at this stage and said that Wangchuk’s wife and family would have unrestricted access to him at Safdarjung Hospital.

It also said that Wangchuk is free to cooperate with doctors.

(With agency inputs)