Delhi High Court’s decision
New Delhi – Delhi High Court has refused to grant relief on the plea of social activist Sonam Wangchuk to transfer her from Safdarjung Hospital to Medanta Hospital. The court clarified that in the present circumstances, Wangchuk’s treatment will continue at Safdarjung Hospital. In this case, notice has been issued to the Central Government, Delhi Government and Delhi Police on the petition filed by his wife Gitanjali Angmo. The next hearing of the case will be on July 24.
The bench of Justice Mini Pushkarna said during the hearing that the decision to admit Wangchuk to the hospital due to health reasons was completely legal. The court also said that every life is important and no carelessness is being taken in the treatment of Wangchuk. The court said that Sonam Wangchuk should cooperate with the doctors during treatment. If he refuses to take medicines as per medical requirements, the doctor will provide necessary treatment in the interest of his health. The court also made it clear that the final decision regarding his health will be taken by the medical team of the hospital. Also, the doctors at Safdarjung Hospital are continuously monitoring him and there is no basis to say that he is being forcibly given medicine or treatment.
During the hearing, Assistant Professor Dr. Akshay, associated with the medical team of AIIMS, told the court that Wangchuk is being constantly monitored. He is being given oral fluids and potassium chloride. Although the doctors are advising him to give him IV fluids, he has not yet given consent to it. The doctor said that due to long fasting, Wangchuk is in a state of ketosis, due to which there is a deficiency of water and carbohydrates in the body. He said that at present he needs potassium, carbohydrates and vitamins.
Additional Solicitor General (ASG) Chetan Sharma, appearing for the government, told the court that Wangchuk was admitted to the hospital due to his deteriorating health and severe deficiency of potassium in his body. The government and Delhi Police are also ready to shift them to AIIMS if required. The ASG also informed that Wangchuk’s condition is now stable and he is showing slight improvement. He is fully conscious and is even talking. Senior advocate Kapil Sibal, appearing for Wangchuk, argued that there was no criminal case against his client and he had the right to choose the hospital and doctor of his choice. He said that his personal doctor and lawyers were not being allowed to meet him in Safdarjung Hospital, hence he should be sent to Medanta Hospital. On this the court asked why government doctors were being doubted. Sibal replied that his aim was not to question the doctors, but to provide Wangchuk an environment where family, friends and lawyers could easily meet him.
The court also recorded in its order that Wangchuk is not in custody. His wife, brother and brother-in-law have been allowed to stay with him 24 hours a day and a separate room has also been provided in the hospital for the family. At present, the High Court has not accepted the demand for shifting to a private hospital and the next hearing of the case will be on July 24.
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