New Delhi: The Delhi High Court on Tuesday allowed activist Sonam Wangchuk, currently on the 24th day of his hunger strike, to be shifted from the government-run Safdarjung Hospital to a private hospital of his choice, that is Medanta Hospital in Gurugram.
The HC made the decision based on his latest medical reports, interaction with the various government and private doctors monitoring him, and Solicitor General Tushar Mehta.
Dictating the order orally, the court said, “Wangchuk be immediately shifted to Medanta, Gurgaon. The director of Medanta shall form a team of doctors having requisite experience, which shall constantly monitor him and shall also administer medicine as per accepted medical norms etc. for which Wangchuk shall abide.”
Mehta told the court the “only concern of the government is that he should not go again to the protest site”, and Medanta doctors’ advice should be followed and he should not be discharged from Medanta against medical advice, he said.
The HC was hearing Wangchuk’s wife Gitanjali Angmo’s appeal against Sunday’s single bench order.
On Angmo’s plea to have access to Wangchuk at Medanta, a bench of Chief Justice DK Upadhayay and Justice Tejas Karia said “she shall be allowed to visit her husband as and when she desires.”
Earlier, after going through his medical reports and interaction with a team of doctors from AIIMS as well as his private doctor, the court concluded that constant monitoring is needed and the “only split is which hospital” should he be in.
Angmo had stated in her plea that the single bench’s order took away Wangchuk’s bodily autonomy as it denied his right to choose his medical treatment, and allowed doctors to override the choices of a conscious and competent adult. The challenge was heard at length Monday and continued today.
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What happened in the court today
During the hearing today, government and private doctors monitoring Wangchuk’s health were present in the jam-packed courtroom. As per the directions given during Monday’s hearing, all reports pertaining to Wangchuk’s health, based on samples analysed in the labs of Safdarjung Hospital, AIIMS and the private lab were filed on affidavit.
The reports were attested by the director of Safdarjung Hospital. The court called the doctors up, one by one, and asked their opinion while scrutinising Wangchuk’s latest vitals.
The court asked Wangchuk’s personal doctor, Satish Lamba, also present in the court, if any private doctor is allowed to visit any government hospital? Replying in affirmative, the petitioner’s side said it can be done with the patient’s consent.
ASG Chetan Sharma, also appearing for the Centre, told the court there are “alarming” reports about Wangchuk’s health that indicate his low vitals can lead to shock or multi-organ failure.
An expert doctor from AIIMS, Dr. Akshay told the court that as per last night’s report, Wangchuk’s white blood cell count is low and that he is taking potassium by mouth but in low capacity.
He also added that people who go to meet him have to be gowned and masked as he is prone to infection and has low immunity right now.
The doctor also stated that ‘a male patient from Ladakh is expected to have higher haemoglobin – keeping hypothermia in mind’.
AIIMS Director in-charge Dr. Nikhil Tandon, who too was present in the court, told the bench that Wangchuk needs to be under constant supervision.
Representing Gitanjali Angmo, senior advocate Akhil Sibal, argued before the court that the single judge order infringed on Wangchuk’s fundamental rights (under Articles 20 and 21) by not allowing him to go to a hospital of his choice. He also drew the court’s attention to the letter he put out, indicating surveillance and restrictions on his freedom.
This is an updated version of the report
(Edited by Ajeet Tiwari)