Delhi High Court refuses interim relief to Sonam Wangchuk, says hospitalisation not arbitrary

The Delhi High Court on Sunday refused to pass an interim order directing the discharge of Sonam Wangchuk from Safdarjung Hospital, holding that the government’s decision to shift him there because of his health was not arbitrary. [Gitanjali J Angmo v. Union of India & Ors].

Justice Mini Pushkarna Court noted that Wangchuk was being monitored by doctors and had consented to the administration of electrolytes. Therefore, his right to bodily autonomy had not been violated, the court said.

“Considering the overall conspectus, since the government has taken the decision to shift Wangchuk to a hospital due to his health, this Court does not find the same to be an arbitrary action,” the Court observed.

The Court further said that since Wangchuk had not voluntarily admitted himself to a hospital despite his condition, the government was within its rights to intervene.

“Considering the fact that Wangchuk, on his own volition, did not check himself into a hospital, the government was within its right to take such action. As already stated by the Division Bench, every life is precious,” it said.

The Court also took note of the government’s submission that Wangchuk’s family had been granted unrestricted access to him throughout the day. Other patients were permitted visitors only during designated visiting hours, it was told.

The authorities had also provided a separate room to Wangchuk’s family members, the Court noted.

It, therefore, concluded that no interim directions were required at this stage.

Court has directed his medical reports be shared with his family members and listed the case on July 24. Notice has been issued to all parties.

Senior Advocates Kapil Sibal, Vivek Tanka and Akhil Sibal appearing for Angmo argued that Wangchuk had lost access to his lawyers and doctors after being admitted to Safdarjung. He contended that they want to move him to Medanta and he was not seeking anything more.

Sibal said "He is not in detention. There is no case against him, is a citizen of India not allowed to go to a hospital of his choice? How can they say that the government is taking control of his body and they will not allow him?"

Sibal argued that they had no objection to doctors of AIIMS or Safdarjung join the team.

Sibal said "They have no basis to detain me. I am entitled to a doctor or hospital and doctor of my choice"

Sibal said there are police posted around Wangchuk present inside the room. "Is the family less concerned about his health than the doctors?" he said.

ASG Chetan Sharma, appearing for Centre, contended that the July 16 order specifically recorded that all medical intervention and treatments to Wangchuk are to be taken by the government. He argued that a team of doctors from Safdarjung and AIIMS are at present treating him.

According to ASG, 18 days of fasting in humid weather it could lead to medical complications. He told the court that Wanchuk is admitted in the emergency division.

Sharma argued that some sugar free electrolytes were given to him with his consent. According to ASG, blood testing has been done in AIIMS, Safdarjung and private labs.

He said "They have absolutely no reason to have any doubt. He is being taken care of. But he has to cooperate with the attending doctors."

The ASG questioned the need for a counsel to be give access to Wankgchuk, arguing that he is in a hospital and not a court room.

"If the Court so feels, we could also have him shifted to AIIMS. But this is not a concession," he said.

"In the prevailing circumstances, whatever happens to him will have consequences. The government will have to be more circumspect and extra cautious," he added

Sharma argued that from the time Wangchuk has been in hospital his kith and kin have told them that they have no confidence in them.

"We have been treating Mr Wangchuk. He started some oral fluids yesterday and he has also started taking ORS without sugar. We have been trying to talk to him to give him IV fluids, but he has denied it. He needs to have vitamins, he has denied that too. Some of his parameters are borderline, some of them are on the lower side.... he is dehydrated, he needs potassium," Dr Akshay of AIIMS said.

Director of Safdarjung hospital also claimed that Wankgchuk's family has told that they have no confidence in their treatment.

Angmo, appearing in person, also argued that the doctors were not cooperating and delayed in giving her the blood sample to test in a private lab. She said "This led to us lose confidence in the doctors."

Wangchuk joined the protest at Jantar Mantar on June 28 and began an indefinite hunger strike in solidarity with students protesting alleged irregularities in competitive examinations, including the National Eligibility-cum-Entrance Test (Undergraduate).

On July 16, the Delhi High Court disposed of a public interest litigation filed by Rakesh Kumar Saini expressing concern over Wangchuk’s deteriorating health. A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia recorded the Solicitor General’s assurance that government doctors would monitor Wangchuk daily and undertake any medical intervention considered necessary.

Around 7 am on July 18, Delhi Police personnel removed Wangchuk from the protest site and took him to Safdarjung Hospital. Angmo alleged that this was done without Wangchuk’s consent and without prior notice to her. She learnt about his removal through a volunteer at the protest site, the plea said.

Safdarjung Hospital’s case summary recorded that Wangchuk was conscious and had stable pulse, blood pressure and oxygen saturation when he was admitted. However, doctors observed mucosal dryness, decreased skin turgor and compensated acidosis. His serum potassium was recorded at 2.9 mEq/L, while a repeat test returned a reading of 2.92 mEq/L. The hospital also reported that his urinary ketones had risen from 1+ to 3+ and warned that his condition could become life-threatening.

The hospital recommended intravenous fluids, oral rehydration and medication. Its records noted that Wangchuk refused all such treatment.

Angmo questioned the potassium readings because a test conducted on July 17 had recorded the level at 4.3 mmol/L. She sought a blood sample around noon on July 18 for independent testing but alleged that it was provided only at 10.30 pm. A private laboratory subsequently recorded Wangchuk’s potassium at 3.6 mEq/L, within its reference range of 3.5 to 5.5 mEq/L.

Angmo made three written representations seeking access to Wangchuk’s complete medical records and his discharge against medical advice. She also sought permission to transfer him to a hospital of their choice. The plea alleges that these requests were not accepted and that Wangchuk was denied access to his lawyers and the doctors who had monitored him during the fast.

She has now challenged his continued hospitalisation, arguing that the July 16 order permitted medical monitoring but did not authorise forcible removal, detention, isolation or treatment without consent.

Senior advocates Kapil Sibal, Vivek Tankha and Akhil Sibal with advocates Bahuli Sharma, Susan Maria Mathew, Yoshit Jain, Suryaansh Kishan Razdan and Ridhi Arora appeared for Gitanjali Angmo.

Solicitor General of India, Tushar Mehta, ASG Chetan Sharma,India, CGSC Ashish K. Dixit, CGSC with advocates Umar Hashmi and Ayush Kumar.

[Read order]