Delhi High Court Rejects Sonam Wangchuk's Hospital Transfer, Says Removal Not Arbitrary

In an urgent hearing on Sunday, the Delhi High Court refused to grant interim relief to Sonam Wangchuk, the activist who was forcibly removed from his hunger strike site and admitted to Safdarjung Hospital. The court denied his request for a transfer to Medanta Hospital, stating that the police's action was 'not arbitrary'.

The court was hearing a petition filed by Wangchuk's wife, Gitanjali Angmo, seeking his immediate discharge and transfer to a private hospital. She alleged a 'lack of transparency' as Safdarjung Hospital refused to share his medical reports with her.

Justice Mini Pushkarna observed that Wangchuk has been administered only oral interventions without his consent, but these were deemed necessary due to his 'deteriorating' condition. The judge stated, 'It cannot be said that any force is being used against Wangchuk, or his bodily autonomy is being violated in any manner.'

The court noted that Wangchuk has refused intravenous medical intervention. Dr Akshay Kumar of AIIMS, an additional professor in emergency medicine, informed the court that Wangchuk needs vitamins but 'cannot give him that since he is not allowing IV access.'

Justice Pushkarna recorded in the order that Wangchuk 'will cooperate' and directed Safdarjung Hospital to share his medical records with his family. The court also noted his potassium levels were 'dangerously low'.

The court held that Wangchuk is not in detention and is a free citizen. It said the government 'was within its right to take such action', citing the high court's July 16 order that 'life is precious and should be taken care of'.

Angmo, represented by senior advocate Kapil Sibal, said they would consider 'discharge against medical advice' if necessary. Additional Solicitor-General Chetan Sharma opposed this, arguing that the government must be 'extra cautious' given the circumstances.

The court did not comment on Angmo's allegation that the family was under constant police surveillance, including eavesdropping inside the hospital room.

Wangchuk was forcibly removed from his protest at Jantar Mantar early Saturday morning, two days before the start of Parliament's monsoon session. He and the Cockroach Janta Party had planned a march to Parliament to demand the resignation of Union Education Minister Dharmendra Pradhan over question paper leaks and exam irregularities. The removal also followed the appointment of a new Delhi Police chief.

Angmo alleged that the government used the court's July 16 order as a 'colourable pretext' to remove Wangchuk without his consent. That order had directed that his health be monitored and appropriate action taken.