Delhi High Court Rules Sonam Wangchuk to Remain at Safdarjung Hospital

The Delhi High Court on Sunday ruled that climate activist Sonam Wangchuk shall continue receiving treatment at Safdarjung Hospital until the next hearing, declining to pass any interim order on his wife Gitanjali J Angmo's plea seeking his transfer to a private hospital.

Hearing the matter, the high court observed that the Centre's decision to shift Wangchuk to Safdarjung Hospital was not arbitrary as it was taken in view of his deteriorating medical condition and an earlier Division Bench order directing regular medical monitoring. The court noted that Wangchuk had been on a hunger strike for 17-18 days when he was shifted to the government hospital after his vital parameters worsened.

The court recorded Senior Advocate Kapil Sibal's submission, appearing for the petitioner, that Wangchuk's family had already spoken to Medanta Hospital and wished to shift him there for treatment. Sibal also submitted that Wangchuk had previously undertaken prolonged hunger strikes and was admitted to Safdarjung Hospital without his consent.

Appearing for the Centre, Additional Solicitor General Chetan Sharma submitted that Wangchuk was shifted to Safdarjung Hospital under compelling circumstances after his health deteriorated. Relying on medical records signed by the Head of the Department of Medicine and the treating team, the Centre informed the court that Wangchuk's sugar and sodium levels were below normal, while his potassium level was "dangerously low".

The court also noted that intravenous fluids had not been administered as Wangchuk had not consented to them.

The High Court observed that doctors at Safdarjung Hospital were closely monitoring Wangchuk's condition and had administered only oral treatment with his consent. It found no material to suggest that any force had been used against him and noted that Wangchuk was not under detention. However, since he had not voluntarily admitted himself to any hospital despite his deteriorating condition, the government was within its rights to shift him to a government facility, the court said.

Observing that "every life is precious", the court also took note of the Centre's submission that Wangchuk's wife and brother have been given round-the-clock access to him at Safdarjung Hospital and that a separate room has been provided to the family. "Considering these facts, no interim order is required to be passed at this stage," the court said while issuing notice on the petition.

The matter has now been posted for July 24.

The hearing saw a long exchange between Senior Advocate Kapil Sibal, appearing for Wangchuk's wife, and Additional Solicitor General (ASG) Chetan Sharma over the activist's continued stay at Safdarjung Hospital. Sibal argued that there was "nothing on record" to justify Wangchuk being taken to the government hospital against his wishes.

"I am entitled to treatment by a doctor and at a hospital of my choice. If government doctors feel they should continue monitoring him, they are free to do so. My only question is: why can't he be shifted to the hospital of his choice? What is the government's objection?" he submitted.

Questioning the argument, the court asked Sibal, "Then why do you doubt the government doctors?"

Sibal responded that he was not questioning their competence. "I am not doubting them. I am ready for everything. My only request is that he be allowed treatment at the hospital of his choice," he said. Sibal also alleged that policemen were present inside Wangchuk's hospital room, claiming their presence had caused his blood pressure to rise.

The ASG, however, refuted the allegation, telling the court that no policemen were stationed inside the room.

Defending the Centre's stand, ASG Sharma said the government was duty-bound to ensure Wangchuk's safety. "I say this with the highest sense of responsibility. We have to be extra careful because whatever happens to him will have consequences," he submitted, adding that while this was not his principal legal argument, the authorities had to exercise caution.

Sharma also said there had been "cooperation at times and non-cooperation at others" since Wangchuk's admission to the hospital. During the hearing, Sharma objected to submissions made by Dr. Gitanjali J. Angmo, saying, "This is not an activist platform. This is a court of law. Activism can rest," before adding, "Please cooperate, Madam."

The Delhi High Court judge said that Sonam Wangchuk will cooperate with doctors, if he so chooses; as the judge refused to direct the activist to do so.

Dr. Angmo, meanwhile, questioned the hospital's assessment of Wangchuk's potassium levels. She told the court that her request for a second opinion was denied, after which she sought a blood sample but had to wait nearly 12 hours before approaching an independent laboratory. According to her, while the hospital's report suggested intravenous treatment was necessary, the independent test showed Wangchuk's potassium level was normal.

She further asserted, "Nobody can hold me to a place unless we are under detention."