The Delhi High Court on Tuesday proposed shifting climate activist Sonam Wangchuk from Safdarjung Hospital to Medanta Hospital, observing that there was a broad medical consensus that he required continuous hospital monitoring in view of his prolonged hunger strike.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia made the proposal while hearing an appeal filed by Wangchuk’s wife, Dr. Gitanjali Angmo, challenging the single-judge Bench order that refused to permit his transfer from Safdarjung Hospital to a private hospital of his choice.
The proposal came after the Bench examined the medical records submitted by Safdarjung Hospital, the All India Institute of Medical Sciences (AIIMS) and Wangchuk’s personal doctors, and interacted with members of the treating team, including the AIIMS Director (In-charge), emergency medicine specialists and the doctors consulted by Wangchuk’s family.
After considering the medical evidence, the Court observed that there was a consensus among the treating doctors that Wangchuk’s health required constant clinical observation. The Bench also took note of the concerns expressed by Wangchuk in a letter regarding his stay at Safdarjung Hospital and indicated that his preference for treatment at Medanta Hospital should also be considered.
Solicitor General Tushar Mehta, appearing for the Union Government and Delhi Police along with Additional Solicitor General Chetan Sharma, informed the Court that the Government had no objection to Wangchuk being shifted to Medanta Hospital.
He submitted that Medanta was a reputed medical institution but clarified that Wangchuk should not seek discharge against medical advice after being transferred.
Taking note of the submission, the Court proposed that Wangchuk be shifted to Medanta Hospital for further treatment and directed that all medical records, pathological reports, clinical findings and treatment details prepared by Safdarjung Hospital be shared with the private hospital to ensure continuity of medical care.
Senior Advocate Akhil Sibal, appearing for Dr. Angmo, relied upon the opinions of doctors who had been treating Wangchuk for several years and argued that there was no immediate threat to his life requiring compulsory hospitalisation.
He submitted that Wangchuk had remained medically stable while participating in the protest and had been under regular medical supervision even at the protest site. Sibal also relied on Wangchuk’s letter detailing his experience at Safdarjung Hospital, including allegations regarding police presence, restrictions on the use of his mobile phone and continuous surveillance during his stay.
The AIIMS and Safdarjung Hospital doctors, however, expressed concern over several clinical indicators. They informed the Court that Wangchuk’s medical investigations revealed elevated uric acid levels, reduced white blood cell count, low haemoglobin levels and declining platelet counts.
According to the doctors, these parameters indicated physiological stress arising from prolonged fasting and increased vulnerability to infections.
Dr. Tandon informed the Bench that Wangchuk’s immune response had weakened considerably, making him more susceptible to infections.
He explained that although certain metabolic changes were expected during prolonged fasting, the combination of persistent abnormalities in blood parameters, muscle loss indicated by rising uric acid levels and reduced immunity warranted continuous hospital-based monitoring and further diagnostic evaluation.
The appeal forms part of the ongoing litigation arising from Wangchuk’s removal from the protest site at Jantar Mantar on July 18 by the Delhi Police. Wangchuk had been observing a hunger strike in support of the Cockroach Janta Party and students protesting the alleged irregularities in the NEET examination.
He was shifted to Safdarjung Hospital after the same Division Bench, on July 16, directed the Union Government to ensure daily clinical monitoring and provide necessary medical intervention if his condition required treatment.
During the previous hearing on July 20, the High Court had directed Safdarjung Hospital, AIIMS and Wangchuk’s personal doctors to place on record all pathological reports, laboratory findings, medical opinions and health bulletins relating to his condition.
The Court had also directed the personal appearance of the AIIMS Director (In-charge) and the emergency medicine specialist associated with the treating team to assist the Court in assessing Wangchuk’s medical condition before deciding his plea for transfer to a private hospital.
After considering the medical material and hearing all stakeholders, the High Court indicated that Wangchuk’s transfer to Medanta Hospital would address both the medical opinion requiring continuous monitoring and his preference to receive treatment at a hospital of his choice, while ensuring uninterrupted medical supervision and continuity of treatment.
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