Delhi High Court Agrees to Hear Appeal for Activist Wangchuk's Hospital Transfer

The Delhi High Court on Monday agreed to hear an appeal filed by Ms Gitanjali J. Angmo, wife of climate activist Sonam Wangchuk, challenging an order that refused to transfer him from Safdarjung Hospital to a hospital of his choice.

Senior advocate Akhil Sibal, representing Ms Angmo, argued that Mr Wangchuk was forcibly picked up without prior intimation on Saturday from the site of his hunger strike at Jantar Mantar and admitted to Safdarjung Hospital. “We only make a request that he be transferred to a hospital of his choice. His autonomy cannot be taken away. That was not the purpose of the High Court's July 16 order. He is entitled to medical attention of his choice. He is not a detainee. There is no offence that he is accused of,” Mr Sibal argued.

A Bench of Chief Justice D.K. Upadhyaya and Justice Tejas Karia agreed to list the case for hearing on Monday itself at 2:30 p.m.

During a special hearing on Sunday, a single judge Bench of Justice Mini Pushkarna held that the decision to shift Mr Wangchuk from Jantar Mantar – where he had been fasting for 20 days before police intervention – to Safdarjung Hospital was taken in view of his deteriorating medical condition and could not be termed “arbitrary”. Observing that Mr Wangchuk had chosen not to admit himself to a medical facility despite his declining health, Justice Pushkarna held that the authorities were justified in moving him. The court noted that “since the government has taken the decision to shift Mr Wangchuk, on account of his deteriorating medical condition, this court does not find it to be an arbitrary action.”

Ms Angmo also addressed the court, alleging a delay in informing the family about his declining potassium levels. She said the family wished to shift him to Medanta Hospital, which had agreed to provide an ambulance for the transfer.