Delhi HC Allows Shifting of Sonam Wangchuk from Government-run Safdarjung to Private Medanta Hospital

Rohit Kumar

NEW DELHI, July 21: The Delhi High court on Tuesday directed the government that the activist and educator Sonam Wangchuk, who has been on a 24-day hunger strike in solidarity with the Cockroach Janta Party (CJP) student protest over the NEET paper leak, be immediately shifted from government-run Safdarjung Hospital to the private Medanta Hospital in Gurugram, near Delhi.

Allowing an appeal filed by Mr Wangchuk’s wife Ms Gitanjali J. Angmo, a Bench of Chief Justice DK Upadhyaya and Justice Tejas Karia noted that its interaction with doctors from AIIMS and Safdarjung Hospital revealed medical concerns requiring constant supervision. The court also held that the transfer was necessary to ensure his safety and protect his fundamental rights under Articles 19 and 21 of the Constitution. “We can’t ignore his concerns… we are of the opinion he should be shifted to a hospital of his choice.”

The bench said moving Wangchuk to Medanta would ensure his fundamental rights were not violated, and also said a team of competent doctors would be set up to monitor his health. Ms Angmo had challenged a single judge bench’s Sunday order disallowing his shifting to a private hospital from the government-run Safdarjung hospital where he was admitted after being whisked away by the Delhi police from the CJP protest site at Jantar Mantar last week on health grounds.

Soon after the court’s order, Ms Angmo posted a message of thanks. “My heartfelt thanks to the Delhi High Court for passing favorable order of discharge of Sonam Wangchuk to Medanta, the hospital of our choice!” she said on

In its order the High Court said, “On interaction with the doctors of AIIMS and Safdarjung Hospital, what we found is that certain concerns primarily relate to the low TLC and the potassium level in the blood sample of the husband of the appellant,” the Bench observed.

The Court recorded that there was a consensus among the doctors that Mr Wangchuk required “constant and continuous monitoring” by medical experts. The Bench also took note of the appellant’s submission that Mr Wangchuk could receive medical care at Medanta Hospital in Gurugram.

Senior Advocate Kapil Sibal, appearing for Ms Angmo, argued that the case involved a violation of Mr Wangchuk’s fundamental rights guaranteed under Articles 19 and 21 of the Constitution.

Taking into account the submissions of the parties and the medical opinion on record, the Court held, “Having regard to the submissions made by the parties, the opinion expressed by the doctors, and the concerns raised by them, we are of the opinion that the husband of the appellant ought to be shifted to a hospital of choice.” Solicitor General Tushar Mehta, appearing for the Centre, informed the Court that the government had no objection to Mr Wangchuk’s hospitalization at Medanta.

The Court also directed the Director of Medanta Hospital to immediately constitute a team of doctors with the requisite expertise to constantly monitor Wangchuk’s health and administer the medical treatment that he would be required to follow.

Addressing concerns over access to Mr Wangchuk during his treatment, the Court further directed that, subject to medical protocol, Ms Angmo would be permitted to visit her husband at Medanta Hospital whenever she desired. “The Court’s concern is only to do with his safety and his fundamental rights. Nothing to do with what is going around,” the court said.

During the hearing, the court interacted with doctors from AIIMS, who are part of the team monitoring Mr Wangchuk at Safdarjung Hospital, as well as with his treating physician. Mr Sibal also drew the Court’s attention to a letter by Mr Wangchuk alleging restrictions during his stay at Safdarjung Hospital including restriction on using his mobile phone, access to visitors, and surveillance. “He has written a letter…” Sibal told the court, in which he expresses his anguish and says there are police all around, his device is snatched away, and nobody is allowed (to see him). “People are subject to searches… even papers are not allowed.”

Before the court granted his transfer to Medanta hospital, Wangchuk said he would continue his fast till the protesters were allowed to meet MPs in parliament. CJP members Saurav Das and Ashutosh Ranka met Union Health Minister JP Nadda at his Delhi residence Monday evening. “We submitted a letter with our demands…” Das said on

The hearing on Tuesday morning began with the court being taken through medical reports on Wangchuk’s health, and the opinion of private doctors and those from two government hospitals – Safdarjung and the neighboring AIIMS. “There does not seem to be an imminent threat to his life…” Mr Sibal pointed out, “Doctors’ reports (only) show nothing intravenous is warranted, as of now. Even in government hospitals he has been given oral medicines only.”