Delhi HC declines interim relief in Sonam Wangchuk hospitalisation plea
Synopsis
Key Takeaways
The Delhi High Court on Sunday, 19 July declined to grant any interim relief on a petition filed by climate activist Sonam Wangchuk's wife challenging his continued hospitalisation at Safdarjung Hospital, ruling that the government's decision to shift him from the Jantar Mantar protest site — given his deteriorating medical condition — could not be termed arbitrary. The court issued notice to the Centre and other respondents, including Delhi Police, directing them to file status reports within three days and listed the matter for further hearing on 24 July.
What the Court Observed
A single-judge Bench of Justice Mini Pushkarna noted that since the government had acted on account of Wangchuk's medical condition, the decision to shift him to a hospital facility could not be characterised as arbitrary. The court further recorded that doctors at Safdarjung Hospital were closely monitoring his 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 court also held that since Wangchuk had not voluntarily admitted himself to any hospital despite his worsening condition, 'the government was within its right to take such action.'
Access to Family and Medical Transparency
Additional Solicitor General Chetan Sharma, appearing for the Centre, submitted that Wangchuk was not under detention and that his family had unrestricted access to him. The court recorded that his wife, brother, and brother-in-law had been granted round-the-clock access and that a separate room had been provided for the family. The Centre's law officer also confirmed that Wangchuk's medical reports would be shared with his family.
Noting that 'every life is precious,' the court concluded that in light of these assurances, no interim directions were necessary at this stage. It also clarified that all treatment decisions would rest with the medical team, in accordance with established medical protocol.
Background: The Petition and the Protest
The petition was filed by Wangchuk's wife, Gitanjali J. Angmo, seeking his immediate discharge from Safdarjung Hospital and transfer to a hospital of the family's choice. She alleged that Wangchuk was forcibly removed from the Jantar Mantar protest site on Saturday and admitted to the 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 had been on an indefinite hunger strike since 28 June in solidarity with students protesting over alleged irregularities in the NEET-UG examination. He was shifted to Safdarjung Hospital after his health deteriorated significantly at the protest site.
What Happens Next
The Delhi High Court has scheduled the next hearing for 24 July, by which date the Centre and Delhi Police must file their status reports. The court's observations on autonomy, consent, and state authority in medical emergencies are likely to be closely scrutinised as the case proceeds. Wangchuk's legal team is expected to press its challenge over the alleged lack of consent at the next date of hearing.