Delhi HC Refuses Interim Relief to Sonam Wangchuk, Says Shift to Safdarjung Hospital Was Not Arbitrary

The Delhi High Court on Sunday refused to grant interim relief to social activist Sonam Wangchuk by declining his wife's plea seeking his discharge from Safdarjung Hospital and transfer to a private medical facility.

A single-judge Bench of Justice Mini Pushkarna observed that the government's decision to move Wangchuk from the Jantar Mantar protest site to Safdarjung Hospital, following a deterioration in his health, could not be described as arbitrary or illegal.

The court issued notice to the Centre, Delhi Police and other respondents, directing them to file status reports within three days. The matter has been listed for further hearing on 24 July.

Court Upholds Government's Decision

Justice Pushkarna said the government's intervention was prompted solely by Wangchuk's medical condition.

The court observed that:

• Wangchuk was shifted to hospital because of his deteriorating health.
• The decision was neither arbitrary nor illegal.
• Doctors at Safdarjung Hospital are continuously monitoring his condition.
• Only oral medication has been administered and only with Wangchuk's consent.
• There is no evidence that force has been used or that his bodily autonomy has been violated.

The court further noted that Wangchuk had not voluntarily admitted himself to any hospital despite his worsening condition, making the government's decision to intervene legally justified.

No Interim Directions Required

Observing that every life is precious, the High Court held that no interim directions were necessary at this stage.

Justice Pushkarna clarified that all decisions regarding Wangchuk's treatment would remain with the medical team and would be taken in accordance with established medical protocols.

Family Given Full Access

The court also recorded the Centre's submissions that Wangchuk's family has unrestricted access to him.

According to the court:

• His wife, brother and brother-in-law are permitted to meet him round the clock.
• A separate room has been provided for family members.
• The Centre has undertaken to share Wangchuk's medical reports with the family.

Wife Challenged Continued Hospitalisation

The petition was filed by Wangchuk's wife, Geetanjali (Gitanjali) J. Angmo, challenging his continued stay at Safdarjung Hospital.

She sought:

• Wangchuk's immediate discharge.
• His transfer to a hospital chosen by the family, specifically Medanta Hospital.
• Unrestricted access for his legal counsel.
• Access for doctors of the family's choice.

The petition alleged that Wangchuk had been forcibly removed from the Jantar Mantar protest site on Saturday and admitted to Safdarjung Hospital without his consent. It also raised concerns over alleged discrepancies in his medical reports and described his continued stay as "illegal detention".

Senior Lawyers Question Government's Stand

Senior advocates Kapil Sibal, Vivek Tankha and Akhil Sibal, appearing for Geetanjali Angmo, argued that Wangchuk had lost contact with his lawyers and doctors after being admitted to hospital.

Kapil Sibal argued that:

• Wangchuk is not under arrest or in custody.
• No criminal proceedings are pending against him.
• Every citizen should have the right to receive treatment at a hospital of their choice.

He further stated that he had no objection if doctors from AIIMS or Safdarjung Hospital continued to participate in Wangchuk's treatment alongside Medanta's medical team.

Sibal also objected to the deployment of police personnel inside and outside Wangchuk's hospital room.

Centre Says Medical Treatment Is Court-Monitored

Appearing for the Centre, Additional Solicitor General Chetan Sharma submitted that Wangchuk's treatment is being conducted under the High Court's order dated 16 July.

According to the government:

• A joint team of doctors from AIIMS and Safdarjung Hospital is supervising Wangchuk's treatment.
• Wangchuk is not under detention.
• His family members have unrestricted access to him.
• Fasting continuously for 18 days in humid weather could result in serious medical complications.
• He has therefore been admitted to the emergency department for medical care.

Hunger Strike and Protest

According to the material placed before the court:

• Wangchuk has been on an indefinite hunger strike since 28 June.
• The protest is being held at Jantar Mantar in Delhi.
• He is demanding reforms relating to the alleged NEET-UG examination irregularities and broader education sector reforms.
• He is also seeking the resignation of Education Minister Dharmendra Pradhan.
• On the 21st day of the fast, police shifted him to Safdarjung Hospital after the High Court directed the government to take necessary steps to safeguard his life.

The text also states that Wangchuk has been conducting the hunger strike under the banner of the Cockroach Janata Party (CJP).

Parliament March to Continue

With Wangchuk remaining in Safdarjung Hospital, his wife Geetanjali Angmo is expected to lead the planned Parliament March on Monday.