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HomeIndiaDelhi Police cited HC order to remove Wangchuk from Jantar Mantar. What...

Delhi Police cited HC order to remove Wangchuk from Jantar Mantar. What the division bench said

The High Court directed daily medical monitoring and treatment if doctors deemed it necessary, but did not expressly order Wangchuk’s removal from the Jantar Mantar protest site.

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New Delhi: Delhi Police said they “shifted” Sonam Wangchuk from the CJP protest site near Jantar Mantar at 7:44 a.m. Saturday morning, when he had been on a hunger fast for the past 20 days.

The Delhi Police justified its action by citing the Delhi High Court’s directions and expert medical advice.

“As per orders of the Hon’ble High Court and on expert medical advice, due to the deteriorating health condition of Sh. Sonam Wangchuk, he has been shifted to the hospital for essential medical care,” the police tweeted.

The High Court order was passed on 16 July after a Public Interest Litigation (PIL) sought judicial intervention.

While disposing of the PIL filed by advocate R. K. Saini, the court directed that Wangchuk’s health condition shall be monitored daily and any required medical intervention, based on the doctors’ opinion, be provided promptly.

This was done after Solicitor General Tushar Mehta, appearing for the Centre and Delhi Government, assured the court that Wangchuk’s medical condition would be checked daily and that the administration would provide all necessary medical help.

“While noting the assurances given by the learned Solicitor General, we only observe that the life of every citizen is precious and all medical efforts ought to be made by the Government authorities to save the same. We appreciate the stance taken by the learned Solicitor General and, accordingly, direct that the medical condition of Shri Sonam Wangchuk shall, clinically and otherwise, be regularly monitored daily and, depending on the opinion of the doctors, whatever medical intervention is required to check his deteriorating health condition, shall also be taken,” the bench had observed in its two-page order.

Mehta, who appeared virtually, also told the court that he would ensure government doctors monitored Wangchuk’s health daily and prepared regular medical reports.

While directing the government doctors to regularly check Mr. Wangchuk’s health, the bench also appreciated Mehta’s stance in its order.

Though the HC did not specifically direct the police or authorities to remove Wangchuk from the protest site, the orders were to ensure that his health was monitored every day and that any medical necessities needed to be provided by the doctors.

These directions give the authorities the discretion to take necessary steps to protect his life, based on medical opinion.


Also read: Delhi Police ‘shift’ Wangchuk to hospital, CJP’s Dipke alleges activist taken ‘by force’


Letter petition filed before CJI

Advocate Narendra Mishra has filed a letter petition, accessed by ThePrint, before the Chief Justice of India seeking “urgent directions for the protection of the life, health and fundamental rights of Mr. Sonam Wangchuk and other peaceful protesters at Jantar Mantar, New Delhi”.

In the 4 page letter, requested to be treated as a writ petition, Mishra urged the Supreme Court to issue appropriate directions to protect the fundamental rights of Sonam Wangchuk and all other peaceful protesters under Articles 14, 19 and 21 of the Constitution. He also sought directions to the Delhi Police and other authorities to allow the peaceful protest and hunger strike at Jantar Mantar.

Also the petition seeks to direct the authorities to provide adequate medical facilities at the protest site, including qualified doctors as per the Delhi High court order, emergency medical equipment, medicines, and periodic medical examination of Mr. Sonam Wangchuk and any other participant undertaking a hunger strike.

It further seeks directions to the Delhi Police and all concerned authorities not to interfere with the peaceful protest or use unnecessary or excessive force, except in accordance with the law.

“In the event Mr. Sonam Wangchuk is found to be under unlawful , issue appropriate directions for his release in accordance with law/police authorities to immediately facilitate the return of Mr. Sonam Wangchuk to the designated protest site, so that the peaceful protest may continue in accordance with law and under his leadership”, the petition states

“While complying with the Hon’ble Court’s orders, the protesters at Jantar Mantar tried to obstruct the exercise, leading to a brief commotion. However, the police exercised maximum restraint and shifted Wangchuk safely,” Delhi Police said.

Wangchuk’s wife, Gitanjali J. Angmo posted on X from Safdarjung Hospital, where he has been admitted. She said: “Nothing should be administered to him orally or intravenously without take consent from me, his family and his doctors who have been monitoring his health for the past 20 days”.

 

Sonam Wangchuk, 59, whose hunger strike demands the resignation of Education Minister Dharmendra Pradhan in light of the NEET paper leak, entered his 21st day on 18th July.

Earlier this week, he had also released a video urging people to join in his march to the Parliament on 20th July, Monday, which is the opening day of the Monsoon session.

(Edited by Harini Ts)


Also read: Sonam Wangchuk’s hunger strike exposes the limits of moral protest in today’s India


 

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