No medical emergency to remove Sonam Wangchuk from protest site: Gitanjali Angmo moves Delhi HC

Gitanjali J Angmo, wife of activist Sonam Wangchuk, has moved the Delhi High Court alleging that “medical intervention” was being used an excuse by government authorities to illegally confine Sonam Wangchuk at Safdarjung Hospital and prevent him from returning to his hunger strike at Jantar Mantar [Gitanjali J Angmo v. Union of India & Ors].

The petition has sought an urgent hearing on Sunday, July 19, for Wangchuk’s immediate discharge and transfer to a hospital or medical facility of their choice.

Wangchuk was forcibly removed from Jantar Mantar by Delhi Police personnel around 7 am on July 18 and taken to Safdarjung Hospital without his consent or prior notice to Angmo, the plea alleged.

Angmo contended that his continued hospitalisation was not backed by any criminal case, arrest order, preventive detention order or judicial direction.

“His confinement is being affected purely in the garb and under the pretext of ‘medical intervention’, without any formal legal order, as a device to remove him from, and prevent his return to, the site of his peaceful protest,” the petition said.

According to the plea, the authorities purportedly acted on a July 16 order of the Delhi High Court directing daily monitoring of Wangchuk’s health and any medical intervention considered necessary by doctors. Angmo has argued that the order, passed in a public interest litigation to which neither she nor Wangchuk was a party, did not authorise his forcible removal from Jantar Mantar or continued confinement at the hospital.

Wangchuk was on an indefinite hunger strike since June 28 in solidarity with students protesting alleged irregularities in competitive examinations.

The authorities purportedly acted on a July 16 order passed by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia. The order directed the government to monitor Wangchuk’s health daily and undertake whatever medical intervention was required based on the opinion of doctors.

Angmo argued that the order did not authorise Wangchuk’s forcible removal, involuntary hospitalisation, isolation or denial of access to his lawyers and doctors.

The plea has sought unrestricted access to Wangchuk for Angmo, Wangchuk’s lawyers and his doctors. It has also urged the Court to prohibit any medicine, fluid or medical intervention without Wangchuk’s informed consent.

The petition was filed through advocates Bahuli Sharma, Susan Maria Mathew, Ridhi Arora, Suryaansh Kishan Razdan and Yoshit Jain.