Delhi HC allows Wangchuk's transfer from Safdarjung to Medanta Hospital

The Delhi High Court on Tuesday allowed activist Sonam Wangchuk to be shifted from Safdarjung Hospital to Medanta Hospital in Gurugram, where he will continue to receive treatment under medical supervision, Bar and Bench reported.

Wangchuk has been on an indefinite hunger strike since June 28 in support of the student-led Cockroach Janata Party (CJP) protest demanding accountability for repeated examination paper leaks and the resignation of Union Education Minister Dharmendra Pradhan.

The Division Bench was hearing an appeal filed by Wangchuk's wife Gitanjali Angmo against a single-judge order that had refused to direct Wangchuk's transfer from Safdarjung Hospital to Medanta.

A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said Wangchuk could be moved to the private hospital of his choice after reviewing his medical condition.

"What we propose to do is get him shifted to the hospital of his choice, that is Medanta. He will be treated by the Medanta doctor. All the treatment details at Safdarjung Hospital will be supplied to Medanta immediately and he will be treated there. A panel of doctors to be formed by the director Medanta," the Bench said, as quoted by Bar and Bench.

The court said it would pass a formal order after the lunch break.

Court reviews Wangchuk's medical condition

The hearing focused on Wangchuk's health. His family and the Centre submitted medical records, while doctors from Safdarjung Hospital and the All India Institute of Medical Sciences (AIIMS) were present to explain his condition.

Senior Advocate Akhil Sibal, appearing for Wangchuk's wife Gitanjali Angmo, submitted a letter from the doctor who had been treating the activist during the protest. Additional Solicitor General Chetan Sharma, representing the Centre, also placed medical documents before the court.

After examining the reports filed on affidavit, Justice Karia observed that Wangchuk's potassium levels had fallen. The Chief Justice also questioned doctors about Wangchuk's rising urea and uric acid levels.

A doctor explained that such changes were expected during prolonged fasting. "When we are not taking glucose, then the energy source is fat. So due to the breakdown of fat, there are ketones in the urine. After the days of fasting, these changes are natural," the doctor said, as quoted by the news report.

Court approves transfer after hearing both sides

Sibal argued that although some medical parameters had changed, Wangchuk's condition remained stable.

"Today, the situation remains that his vitals are stable. There are some parameter changes, undoubtedly. Monitoring is what is being proposed. Monitoring can continue. There's no difficulty," he submitted.

Sibal also produced a letter from Wangchuk claiming that his mobile phone had been taken away and that visitors were either not allowed or were subjected to searches and surveillance.

After hearing the doctors, the Bench said there was broad agreement that Wangchuk required continuous monitoring. "After going through these reports, though we are not experts, after interacting with the doctors, what we understand is that there is a consensus that constant monitoring is needed. We propose to shift him to Medanta, the hospital of his choice," the court observed.

The Centre said it had no objection to the transfer.

How the case reached the High Court

On Monday, the High Court asked Safdarjung Hospital to submit complete medical records, including pathology reports prepared by Safdarjung Hospital, AIIMS and a private laboratory. It also directed Angmo to submit the medical reports relied upon by her and asked all treating doctors to appear before the court.

Wangchuk was shifted to Safdarjung Hospital on July 18 after Delhi Police removed him from the protest site, citing concerns over his health following his prolonged fast.

The next day, Angmo approached the High Court seeking his transfer to a private hospital. She said that the family had lost confidence in Safdarjung Hospital because of an alleged lack of transparency in his treatment and medical reports. She also claimed that his continued stay there amounted to illegal detention.

A single judge had earlier refused to grant interim relief, holding that the government's decision to move Wangchuk from Jantar Mantar to the hospital was not prima facie arbitrary.

Angmo challenged that order before the Division Bench. Her appeal argued that it deprived Wangchuk of his right to choose where he receives medical treatment. It also said Article 21 of the Constitution protects a competent adult's right to refuse medical treatment and choose a hospital, and that his continued stay at Safdarjung Hospital without his consent violated his personal liberty, bodily autonomy and right to protest.