Delhi High Court to Hear Plea Alleging Illegal Detention of Activist Sonam Wangchuk
The Delhi High Court is set to hear a petition on Sunday filed by Gitanjali Angmo, wife of activist Sonam Wangchuk, seeking his immediate discharge from Safdarjung Hospital. The petition alleges that Wangchuk is being 'illegally detained' at the facility.
Wangchuk was forcibly removed from a protest site at Jantar Mantar early Saturday morning by Delhi Police and admitted to the hospital. The action came a day after a new Commissioner took charge of the Delhi Police and two days before the Monsoon Session of Parliament, which begins on Monday, when Wangchuk and the activist platform Cockroach Janta Party (CJP) had planned a march to Parliament.
In her petition, Angmo seeks a court direction to declare Wangchuk's continued confinement at Safdarjung Hospital as 'unconstitutional' and to permit his immediate discharge, as well as facilitate his transfer to a hospital of his and Angmo's choice.
Angmo has alleged that the Delhi Police took 'undue advantage' of the Delhi High Court's July 15 order, which directed that Wangchuk's health condition be monitored by government doctors and appropriate medical action be taken. She claims this order was used as a 'colourable pretext' to remove Wangchuk from the protest site without his free and informed consent.
The petition states that since admission, Wangchuk has been 'kept in a solitary manner, ostensibly under the pretext of medical treatment'. Although Angmo was granted access to Wangchuk, his access to his lawyer and personal doctors was allegedly denied. Angmo was also reportedly not allowed to use her phone or electronic devices while meeting her husband.
Angmo has raised concerns about the medical treatment, noting a discrepancy in blood potassium levels. She was informed by the hospital that Wangchuk's potassium had dropped to 2.9 mg, but independent testing later showed a normal level of 3.6 mg. She has alleged that the hospital refused to share medical reports, compelling her to seek his discharge due to 'lack of transparency'.
The petition argues that a judicial order cannot be interpreted to dilute an individual's fundamental rights. It emphasizes that the court's order 'merely contemplated medical monitoring and intervention, if clinically warranted' and cannot be read as authorizing forcible removal from the protest site or continued confinement in a hospital.
The court is expected to hear arguments on the petition. Wangchuk remains admitted at Safdarjung Hospital, where his medical condition is being monitored.
