The Delhi High Court granted activist Sonam Wangchuk permission on Tuesday to be transferred from Safdarjung Hospital to Medanta Hospital in Gurugram. He will continue receiving medical treatment under observation there, as reported by Bar and Bench.
Wangchuk has been on an indefinite hunger strike since June 28th in support of a student protest organized by the Cockroach Janata Party (CJP). The protest is directed against repeated leaks of examination materials and demands the resignation of Union Education Minister Dharmendra Pradhan.
The bench, comprising Chief Justice Devendra Kumar Upadhyay and Judge Tejas Karia, ruled that after reviewing Wangchuk's health condition, he may be moved to a private clinic of his choice. The court stated: 'We propose transferring him to a hospital of his choice, i.e., Medanta. He will be treated by a Medanta doctor. All details of the treatment at Safdarjung Hospital will be immediately provided to Medanta, and he will be treated there. The director of Medanta will form a medical committee.'
The main focus during the hearings was Wangchuk's health condition. His family and the Central Government presented medical records, and doctors from Safdarjung Hospital and the All India Institute of Medical Sciences (AIIMS) were present to explain his condition.
Senior Advocate Akhil Sibbal, representing Wangchuk's relative Anmo, submitted a letter from the doctor who treated the activist during the protest. Additional Solicitor General Chetan Sharma, appearing on behalf of the Centre, also provided medical documents to the court.
After analyzing the reports submitted in the form of an affidavit, Judge Karia noted a decrease in potassium levels in Wangchuk. The Chief Justice also questioned the doctors regarding the elevated levels of urea and uric acid in Wangchuk. The doctor explained that such changes are expected during prolonged fasting: 'When we do not consume glucose, fat is the energy source. Therefore, ketones appear in the urine due to fat breakdown. These changes are natural after days of fasting.'
The Delhi High Court rejected the petition filed by Gitanjali Angmo, wife of activist Sonam Wangchuk, on Sunday, which demanded his transfer from Safdarjung Government Hospital to Medanta Private Hospital.
The court noted that no force was used when Wangchuk was moved. Judge Mini Pushkarna also emphasized that Wangchuk's family had round-the-clock access to him, and a separate room had been allocated for him in the hospital.
In its ruling, the court stated that it took into account the senior lawyer's argument that Wangchuk was not under arrest. However, given that he did not voluntarily go to any hospital, the government had the right to take such action.
Judge Pushkarna added that, according to Wangchuk's own admissions, only oral substances were administered with his consent, so the issue of using force did not arise. The court concluded that since the doctors at Safdarjung Hospital are closely monitoring his health and administering only oral medications with his consent, it cannot be claimed that any coercion is being applied against him.
Furthermore, the court noted that the climate activist's potassium level was 'dangerously low,' and that he did not consent to intravenous fluids. The court urged Wangchuk to cooperate with the doctors if he wished to do so.
The court also considered the statements from the additional prosecutor general and the doctors that Wangchuk's wife and brother have unrestricted 24-hour access to him. The High Court ordered that the Centre, Delhi Police, and the management of Safdarjung Hospital must submit a report on Wangchuk's condition within three days, and the case was scheduled for hearing on July 24.
Wangchuk was taken to Safdarjung Hospital on Saturday after the Delhi Police removed him from a protest site in Jantar Mantar, citing medical advice and orders from the Delhi High Court. He had been on an indefinite hunger strike since June 28, demanding the resignation of Union Education Minister Dharmendra Pradhan over alleged irregularities in national exams, including the NEET exam leak incident.
The Delhi High Court confirmed on Sunday the Central Government's decision to transfer climate activist Sonam Vanchuk to Safdarjung Hospital. The court noted that the government's actions were not arbitrary, given the deterioration of Vanchuk's health after several weeks of fasting.
Judge Mini Pushkarna rejected the petition filed by Vanchuk's wife, Dr. Gitanjali J Angmo, who requested his discharge from Safdarjung Hospital and transfer to a private clinic. The court did not grant any interim relief but directed the Centre to submit a report on the situation within three days.
The court emphasized that since the government decided on hospitalization due to medical condition, the court does not consider this action arbitrary. It was noted that doctors at Safdarjung Hospital were closely monitoring Vanchuk's health, and no coercion was exerted on him regarding treatment.
Judge Pushkarna took into account the government's statement that Vanchuk is not under arrest. The court ruled that the government had the right to take such measures since Vanchuk did not voluntarily go to any hospital. During the hearings, it was reported that Vanchuk's potassium level had dropped to dangerously low levels, and IV fluids were not administered because he did not consent to treatment.
The court recorded that Vanchuk would cooperate with doctors if they deemed any medical intervention necessary. Additionally, Judge Pushkarna clarified that he was not coercing him nor issuing directives, but merely noting Vanchuk's option to choose.
The court also considered the government's assertion that Vanchuk's wife and brother were granted unrestricted access to him. The court noted that Vanchuk's family members have been allocated a separate room and can spend time with him. Given this, an interim order is not required at this stage.
Speaking on behalf of the Centre, Additional Solicitor General Chetan Sharma stated that Vanchuk's health was deteriorating after 18 days of fasting under current weather conditions. Sharma added that prolonged fasting can lead to ketosis, shock, hypoglycemia, and kidney dysfunction. He stated that Vanchuk was receiving treatment in the emergency department under the supervision of two senior doctors and referred to recent medical reports.
ASG informed the court that Vanchuk agreed to take electrolytes but requested them without sugar. When the court asked if he suffered from diabetes, Sharma explained that he did not. Citing the College order of July 16, which mandates continuous medical monitoring, Sharma argued that doctors should be allowed to provide reasonable medical intervention if Vanchuk's condition worsens. He also defended the authenticity of the medical reports, stating that they were conducted at Safdarjung Hospital, AIIMS, Mahajan Imaging, and a private laboratory.
Regarding the petition for unlimited access for family and legal consultants, Sharma stated: 'This is a hospital, not a courtroom.' When asked about providing accommodation for companions, the doctor informed the bench that a separate room had been arranged. The ASG also proposed transferring Vanchuk to AIIMS if necessary.
The petition was filed after Vanchuk was taken to Safdarjung Hospital by Delhi police on Saturday, on the 21st day of his hunger strike. His wife claimed there was no medical emergency requiring him to be removed from the protest site and accused the authorities of using the 'cover advantage' of a previously issued High Court order on medical monitoring. The petition stated that the forcible removal was neither medically necessary nor legally justified and constituted a clear violation of Shri Sonam Vanchuk's fundamental rights.
Angmo also mentioned discrepancies in Vanchuk's potassium test results. The petition alleged that the blood sample was provided to the petitioner at 10:30 PM after an unexplained delay of almost 10.5 hours, and the test results showed a potassium level of 3.6 mg, significantly higher than the previously stated level of 2.9 mg.
