Guwahati: The Delhi High Court on Sunday declined to pass an interim order allowing activist Sonam Wangchuk to be shifted from Safdarjung Hospital to a private medical facility, observing that such a direction was not warranted at this stage. The court directed the authorities to file a fresh status report on his health within three days and listed the matter for hearing on July 24.
Justice Mini Pushkarna said the court had to consider the “larger picture” while hearing a plea filed by Wangchuk’s wife, Gitanjali J. Angmo, seeking permission to shift him to a private hospital of the family’s choice.
The court observed that Wangchuk was not in detention and noted that his wife, brother and brother-in-law had been granted access to him. It also recorded that the family had been provided a separate room at the hospital and was able to spend time with him.
“Considering this, no interim order is required to be passed at this stage,” the court said.
Wangchuk was admitted to Safdarjung Hospital by Delhi Police on Saturday, the 21st day of his indefinite hunger strike. He has been fasting since June 28 in support of the Cockroach Janta Party (CJP)-led protest seeking the resignation of Union Education Minister Dharmendra Pradhan over alleged irregularities in the NEET medical entrance examination and other issues.
In her petition, Angmo said she had “lost faith” in the treatment being provided at the government hospital and sought her husband’s transfer before his condition deteriorated further.
Appearing for her, senior advocate Kapil Sibal argued that Wangchuk’s doctors and lawyers had been denied access and were unaware of the treatment or medication being administered.
“The hospital is not giving access to his own doctors, lawyers; and they do not know what he is being prescribed,” Sibal submitted.
The petition alleged that despite repeated requests, hospital authorities had refused to discharge Wangchuk or allow his transfer to another hospital.
It also claimed that heavy police deployment at the hospital had effectively restricted the family’s movement.
The high court, however, held that the government’s decision to hospitalise Wangchuk could not be termed arbitrary.
“Considering the overall perspectives, this court is of the view that since the government has taken the decision to shift Mr Wangchuk to hospital on account of medical condition, this court does not find the same to be an arbitrary action,” the order said.
The court noted that doctors at Safdarjung Hospital were closely monitoring Wangchuk’s condition and had administered oral supplements with his consent.
“It cannot be said that any force is being used against Wangchuk,” the court observed.
The judge also remarked that since Wangchuk had not voluntarily admitted himself to a hospital despite his prolonged fast, the government was within its rights to intervene on medical grounds.
Appearing for the Centre, Additional Solicitor General Chetan Sharma said Wangchuk’s health had deteriorated after more than 18 days of fasting. He submitted that prolonged fasting could lead to ketosis and dangerous electrolyte imbalances, including hypokalemia, and said the authorities had acted in compliance with an earlier high court order directing them to monitor Wangchuk’s health and intervene medically if necessary.
“He should, like any other individual in this country, have complete faith in doctors,” Sharma said, adding that Wangchuk could also be shifted to AIIMS if required.
A doctor from Safdarjung Hospital informed the court that Wangchuk had started taking oral fluids, potassium supplements and sugar-free oral rehydration solution but had declined intravenous fluids despite repeated requests.
Responding to the Centre’s submissions, Sibal argued that Wangchuk, who was not under detention or facing any criminal case, had the right to seek treatment at a hospital of his choice.
“I want treatment, but I want treatment of my choice,” Sibal submitted.
He also contended that the July 16 order directing authorities to monitor Wangchuk’s health had been passed ex parte, without Wangchuk or his representatives being heard.
The petition further alleged that hospital authorities had shared only selective information about Wangchuk’s condition and had prevented an independent assessment of his health. It also questioned the accuracy of the hospital’s medical reports, alleging discrepancies in the reported potassium levels.
According to the petition, blood samples provided by the hospital after a delay of more than 10 hours showed a potassium level of 3.6 when tested independently, compared with the 2.9 level earlier disclosed by hospital authorities.
In a post on X after the hearing, Angmo said no family should have to fight for the right to choose where a loved one receives medical treatment. She also alleged that Safdarjung Hospital’s public health bulletin had omitted Wangchuk’s actual potassium level.