Delhi HC clears Sonam Wangchuk's shift to Medanta, formal order pending
Synopsis
Key Takeaways
The Delhi High Court on Tuesday, 21 July permitted climate activist Sonam Wangchuk to be transferred from Safdarjung Hospital to Medanta Hospital, after a bench of doctors from AIIMS, Safdarjung, and Wangchuk's personal physicians reached broad agreement that his condition required continuous medical monitoring. A formal order was to be issued after the lunch break.
What the Court Directed
A Division Bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said Wangchuk would be moved to the hospital of his choice and that a panel of doctors be constituted by the director of Medanta to oversee his care. 'What we propose to do is get him shifted to the hospital of his choice, that is Medanta. He will be treated by a Medanta doctor. All treatment details at Safdarjung Hospital will be supplied to Medanta immediately, and he will be treated there. A panel of doctors to be formed by the director of Medanta,' the bench stated.
Centre's Position and Medical Concerns
Solicitor General Tushar Mehta, representing the Centre and Delhi Police, told the bench that the government had no objection to the transfer, but urged the court to record that Wangchuk should not be discharged from Medanta without the approval of treating doctors. Mehta flagged that Wangchuk's Total Leukocyte Count (TLC) had dropped to 2.9 — a level he described as a matter of serious concern, warning it could lead to shock, infection, or multiple organ failure. 'The government's only concern was Wangchuk's health,' he submitted.
Mehta also contended that people around Wangchuk were pressing for his discharge irrespective of his medical state. The bench declined to engage with that line of argument: 'We will not go into all that. Do not drag the Court into all that.'
Wangchuk's Counsel Pushes Back
Senior advocate Akhil Sibal, appearing for Wangchuk, relied on reports from doctors who had monitored him for years, arguing there was no immediate threat to his life and that prolonged hospitalisation was not medically warranted. Sibal also placed before the bench a letter written by Wangchuk describing his experience at Safdarjung Hospital, including concerns over police presence, restrictions on phone access, and surveillance.
Background: Appeal and Earlier Rulings
The Division Bench was hearing an appeal filed by Wangchuk's wife, Dr Gitanjali J. Angmo, against a single-judge order that had refused to direct his transfer to a private hospital. On Sunday, a single-judge bench of Justice Mini Pushkarna had declined interim relief, holding that the government's decision to shift Wangchuk from the Jantar Mantar protest site to Safdarjung on account of his deteriorating health could not be termed arbitrary. Justice Pushkarna had noted that only oral medication was being administered with his consent and that his wife, brother, and brother-in-law had unrestricted access to him.
On Monday, the Division Bench had directed the Safdarjung Hospital director to place all medical records on file, including pathological reports from Safdarjung, AIIMS, and a private laboratory, and had asked the treating doctors to be present in court on Tuesday.
Why Wangchuk Is Hospitalised
Wangchuk has been on an indefinite hunger strike since 28 June in solidarity with students protesting alleged irregularities in the NEET-UG examination and demanding the resignation of Union Education Minister Dharmendra Pradhan. He was shifted from the Jantar Mantar protest site to Safdarjung Hospital on Saturday after his health deteriorated. The case has drawn national attention, sitting at the intersection of civil liberties, medical ethics, and the ongoing NEET controversy. How the Medanta panel manages his care — and whether Wangchuk continues his hunger strike — will be closely watched in the days ahead.