Delhi HC refuses interim relief to Sonam Wangchuk over hospitalisation
text_fields
New Delhi: The Delhi High Court on Sunday refused to grant interim relief on a petition filed by Sonam Wangchuk's wife challenging his continued hospitalisation at Safdarjung Hospital, observing that the government's decision to shift him from the Jantar Mantar protest site due to his deteriorating health could not be termed arbitrary.
Issuing notice on the plea, Justice Mini Pushkarna directed the Centre, Delhi Police and other respondents to file their status reports within three days and listed the matter for further hearing on July 24.
In its order, the court observed that the government had shifted Wangchuk to the hospital solely because of his worsening medical condition and that such action could not be considered arbitrary.
The High Court also noted that doctors at Safdarjung Hospital were closely monitoring Wangchuk's health and that he had been administered only oral medication with his consent.
"Since doctors of the hospital are closely monitoring him and giving him oral medicine with his consent, it cannot be said that force is being used or his autonomy is being violated," Justice Pushkarna observed.
The court further held that, as Wangchuk had not voluntarily admitted himself to a hospital despite his deteriorating health, the government was within its rights to shift him to a medical facility.
"Considering the fact that Wangchuk on his own volition did not check himself into any hospital facility in view of his deteriorating health condition, the government was within its right to take such action," the court said.
During the hearing, Additional Solicitor General Chetan Sharma, appearing for the Centre, submitted that Wangchuk was not under detention and that his family members had unrestricted access to meet him.
Taking note of the submission, the High Court recorded that Wangchuk's wife, brother and brother-in-law had been granted unlimited access to meet him at any time and that a separate room had been provided for the family at the hospital.
The court also recorded the Centre's assurance that Wangchuk's medical reports would be shared with his family.
Observing that every life is precious, Justice Pushkarna said no interim directions were required at this stage in view of the Centre's submissions and the medical team's assurance regarding treatment and family access.
The court further clarified that all decisions relating to Wangchuk's treatment and medical condition would be taken solely by the medical team in accordance with established medical protocols.
The petition was filed by Wangchuk's wife, Gitanjali J. Angmo, challenging his continued hospitalisation at Safdarjung Hospital and seeking his immediate discharge and transfer to a hospital chosen by the family.
She alleged that Wangchuk was forcibly removed from the Jantar Mantar protest site on Saturday and admitted to Safdarjung Hospital without his consent. The plea also raised concerns over alleged discrepancies in his medical reports and sought unrestricted access for his legal counsel and doctors of his choice.
Wangchuk has been on an indefinite hunger strike since June 28 in support of students protesting alleged irregularities in the NEET-UG examination. He was shifted to Safdarjung Hospital on Saturday after his health deteriorated.
With IANS inputs