No relief for Wangchuk: HC backs government’s move to shift Sonam to hospital, says no force used
NEW DELHI: The Delhi high court on Sunday upheld the Centre’s decision to shift climate activist Sonam Wangchuk to Safdarjung hospital, observing that the government’s action was not arbitrary given his deteriorating health after weeks of fasting.Justice Mini Pushkarna, hearing a petition filed by Wangchuk’s wife Dr Gitanjali J Angmo seeking his discharge from Safdarjung Hospital and transfer to a private hospital, declined to grant any interim relief.The court issued notice to the Centre and directed it to file a status report within three days.”Since the government has taken the decision to shift him to the hospital on account of his medical condition, this court does not find the same to be an arbitrary action,” the court observed.”Since doctors at Safdarjung are closely monitoring his health and have only given oral things as per his consent, it can’t be said any force is being used against him,” the court added.Justice Pushkarna also took note of the government’s submission that Wangchuk was not under detention. “Considering the fact that he, on his own, did not check himself into any hospital, the government was within its right to take such action,” the court said, according to ANI. During the hearing, the court was informed that Wangchuk’s potassium level had fallen to a dangerously low level and that intravenous (IV) fluids had not been administered because he had not consented to the treatment.The court recorded that Wangchuk would cooperate with doctors if they considered any medical intervention necessary.Clarifying its observation, Justice Pushkarna added, “Wangchuk will cooperate with doctors, if he so chooses, I am not directing.”Appearing for the Centre, Additional Solicitor General Chetan Sharma said Wangchuk’s health had deteriorated after 18 days of fasting in the prevailing weather conditions.”Wangchuk’s health was deteriorating after 18 days of fasting in the current weather,” Sharma submitted, adding that prolonged fasting could lead to ketosis, shock, hypoglycaemia and impaired kidney function.He said Wangchuk was being treated in the emergency ward under the supervision of two senior doctors and referred to the latest medical reports.He also defended the credibility of the medical reports, saying tests had been conducted at Safdarjung Hospital, AIIMS, Mahajan Imaging and a private laboratory. “There is absolutely no reason for anyone to doubt the medical reports. He has been properly cared for,” Sharma told the court.On the petition seeking unrestricted access for Wangchuk’s family and legal counsel, Sharma said, “This is a hospital, not a courtroom.” When the court asked whether attendants had been provided accommodation, a doctor informed the bench that a separate room had been arranged.The petition was filed after Delhi Police shifted Wangchuk to Safdarjung hospital on Saturday, the 21st day of his hunger strike. Appearing for Wangchuk’s wife, senior advocate Kapil Sibal told the high court that the family wanted him to be shifted from Safdarjung hospital to Medanta hospital for further treatment.His wife alleged that there was no medical emergency warranting his removal from the protest site and accused authorities of taking “colourable advantage” of an earlier high court order directing medical monitoring.”There existed no medical emergency or other circumstance warranting such abrupt and coercive intervention. The forcible removal was neither medically necessitated nor legally justified and constitutes a manifest infringement of Shri Sonam Wangchuk’s fundamental rights,” the petition stated.Angmo also claimed there were discrepancies in Wangchuk’s potassium test results. The petition sought Wangchuk’s immediate discharge from Safdarjung Hospital, permission to shift him to a private hospital of the family’s choice, unrestricted access for independent doctors and legal counsel, and an independent medical examination.Before the hearing, Angmo posted on X that she had “full faith in the judiciary” after the Delhi high court agreed to hear the matter on an urgent basis.
