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The Delhi High Court on Sunday, July 19, said it did not consider the government’s decision to shift activist Sonam Wangchuk to Safdarjung Hospital arbitrary, citing his medical condition.
The court was hearing a petition filed by Wangchuk’s wife, Dr Gitanjali Angmo, challenging the Delhi Police’s decision to remove him from the Jantar Mantar protest site and admit him to the government hospital. Angmo sought directions to shift him to a private hospital, saying she had lost faith in Safdarjung Hospital.
The High Court held a special sitting on Sunday to hear the matter. It noted that doctors at Safdarjung Hospital were closely monitoring Wangchuk’s health and that treatment had been provided with his consent.
“Since doctors at Safdarjung are closely monitoring his health and have only given oral things as per his consent, it cannot be said to be any force and be used against him. This court takes note of senior counsel’s submission that Wangchuk is not in detention. However, considering the fact that he, in his own violation, did not check himself into any hospital, the government was within its right to take such action,” the court said, according to Live Law.
The court also took note of submissions that Wangchuk was not in detention. It observed that, given his medical condition and his refusal to seek medical attention despite being on a hunger strike, the government was within its rights to shift him to a hospital.
The court directed that Wangchuk’s wife and brother be given round-the-clock access to him at the hospital. It noted that family members had been provided a separate room and could spend time with him. The court said no interim order was required at this stage and posted the matter for hearing on July 24.
According to Live Law, Angmo told the court that hospital authorities had informed her that Wangchuk’s potassium level had dropped to 2.9, describing the reading as “alarming” and “life-threatening”. However, the hospital’s public health bulletin only referred to “decreasing potassium levels” and did not disclose the exact reading.
Angmo also submitted that an independent laboratory test had shown Wangchuk’s potassium level to be 3.5, which she said was within the normal range. She further alleged that the hospital had not allowed his discharge despite repeated requests.
Delhi Police forcibly removed Wangchuk from the Jantar Mantar protest site on the morning of July 18 and shifted him to Safdarjung Hospital. The action came after he had been on a hunger strike for more than 20 days.
Wangchuk’s supporters and Opposition leaders condemned the police action, calling it a crackdown on peaceful democratic dissent. According to reports, Wangchuk continued his hunger strike at the hospital.
