New Delhi: The Delhi High Court Tuesday allowed activist Sonam Wangchuk to be shifted from Safdarjung Hospital to Medanta Hospital, observing that there was a consensus among doctors that he required constant medical monitoring and directing that a panel of doctors be constituted at the private hospital to oversee his treatment.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said that Wangchuk would be shifted to the hospital of his choice and indicated that a formal order would be passed after the lunch break.
“What we propose to do is get him shifted to the hospital of his choice, that is Medanta. He will be treated by a Medanta doctor. All treatment details at Safdarjung Hospital will be supplied to Medanta immediately, and he will be treated there. A panel of doctors to be formed by the director of Medanta,” the CJ Upadhyaya-led Bench said.
After examining the medical records and interacting with doctors from AIIMS, Safdarjung Hospital and Wangchuk’s personal physicians, the Delhi High Court observed that there was broad agreement among the medical experts that his condition warranted continuous observation.
“After going through these reports, though we are not experts, after interacting with the doctors, what we understand is that there is a consensus that constant monitoring is needed. We propose to shift him to Medanta, the hospital of his choice,” the Delhi High Court remarked.
Solicitor General Tushar Mehta, appearing for the Centre and Delhi Police, submitted that the government had no objection to Wangchuk being shifted to Medanta.
“I had interactions with the government also. Medanta is a reputed hospital. The government has no objection if Wangchuk is shifted there, but he may not get discharged against medical advice,” SG Mehta told the CJ Upadhyaya-led Bench.
The Centre’s second highest law officer urged the Delhi High Court to record in its order that Wangchuk should not be discharged from Medanta without the approval of the treating doctors.
He also expressed concern over Wangchuk’s medical condition, submitting that his Total Leukocyte Count (TLC) had fallen to 2.9, which was a matter of serious concern.
SG Mehta said such a low TLC level could lead to shock, infection and even multiple organ failure, adding that the government’s only concern was Wangchuk’s health.
He further contended that people surrounding Wangchuk wanted him discharged from the hospital regardless of his medical condition.
Responding to the submission, the CJ Upadhyaya-led Bench said: “We will not go into all that. Do not drag the Court into all that.”
Senior advocate Akhil Sibal, appearing for Wangchuk, relied on reports prepared by doctors who had been monitoring him for years and argued that there was no immediate threat to his life and that his condition did not require prolonged hospitalisation.
Sibal also referred to a letter written by Wangchuk detailing his experience at Safdarjung Hospital, including complaints regarding police presence, restrictions on phone access and surveillance.
The Division Bench was hearing an appeal filed by Wangchuk’s wife, Dr Gitanjali J. Angmo, challenging a single-judge order refusing to direct his transfer from Safdarjung Hospital to a private hospital of the family’s choice.
Monday, the CJ Upadhyaya-led Bench had directed the Director of Safdarjung Hospital to place on record all medical details, including pathological reports prepared by Safdarjung Hospital, AIIMS and a private laboratory.
It had also directed Angmo to file the medical reports relied upon by her and asked the doctors concerned to remain present in the Delhi High Court during Tuesday’s hearing.
Sunday, a single-judge Bench of Justice Mini Pushkarna had declined to pass any interim order on Angmo’s plea, holding that the government’s decision to shift Wangchuk from the Jantar Mantar protest site to Safdarjung Hospital on account of his deteriorating health could not be termed arbitrary.
Justice Pushkarna had observed that Wangchuk was being closely monitored by doctors at Safdarjung Hospital, that only oral medication was being administered with his consent, and that his wife, brother and brother-in-law had unrestricted access to meet him.
The single-judge Bench had also recorded the Centre’s assurance that Wangchuk’s medical reports would be shared with his family.
Wangchuk has been on an indefinite hunger strike since June 28 in solidarity with students protesting alleged irregularities in the NEET-UG examination and demanding the resignation of Union Education Minister Dharmendra Pradhan. He was shifted from the Jantar Mantar protest site to Safdarjung Hospital Saturday after his health deteriorated.
