The Delhi High Court agreed on Monday to hear an appeal filed by Dr Gitanjali J Angmo, the wife of climate activist Sonam Wangchuk, challenging a single judge's refusal to direct his transfer from Safdarjung Hospital to a private medical facility of his choice. A Bench headed by the Chief Justice of India, Devendra Kumar Upadhyay and Justice Tejas Karia has accepted to hear the matter at 2:30 pm due to the listing application moved by Senior Counsel Akhil Sibal, on behalf of the appellant party. While Solicitor General Tushar Mehta, representing the Union of India, had sought a postponement till Tuesday, the Bench decided to hear the matter on Monday.
The application was made the day following the decision of Justice Mini Pushkarna not to issue any interim order in relation to the transfer of Wangchuk. According to Dr Angmo, such a decision infringes on her husband's rights to bodily integrity, consent, and liberty. In making the submission, she has alleged that the decision removes from her and her husband the right to make decisions regarding his medical treatment and that the decision fails to take into account the principle of competence of a patient to accept or reject treatment.
In addition, the appeal states that while the court accepts that Wangchuk is neither under arrest nor under detention, the order has in effect made him a prisoner of the hospital without any legal basis. In light of the cases Common Cause v. Union of India and Samira Kohli v. Dr Prabha Manchanda before the Supreme Court, it is claimed that medical treatment without the consent of the patient is illegal except when there is an emergency situation. Moreover, his detention violates his right under Article 19 and 21 of the Constitution since he is being stopped from continuing his hunger strike at Jantar Mantar.
As per Dr Angmo’s submission, it is pertinent to note that Wangchuk was never consulted before he was forcibly taken out of the protest site, while he or his family members were not given an option to choose the hospital and doctors who could attend upon him. It is stated that there was no sign of any acute health condition that would justify any kind of coercion. The appeal calls for overturning the order of July 19, 2014.
In her July 19 ruling, Justice Mini Pushkarna found no prima facie violation of personal liberty, holding that the government's decision to shift Wangchuk was taken in good faith to protect his life. The court noted he had been fasting for nearly 18 days and cited a July 16 division bench order mandating daily medical monitoring to prevent severe health risks. Following the submissions by the Union Government along with doctors from Safdarjung Hospital and AIIMS, it was seen by the court that the blood sugar and sodium levels of Wangchuk were lower than normal while high potassium levels could have caused life-threatening conditions.
It was seen by the single judge that the medical team was using only the electrolytes and medicines that were agreed upon by Wangchuk and found no use of force against him or any violation of his bodily autonomy. The court, taking into account the assurance by the Centre that the reports would be provided to the family, ordered the filing of a status report by the Union Government and set the next hearing date on July 24, 2026.
Also read: Sonam Wangchuk puts 3 conditions before ending hunger strike
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