The Delhi High Court on Monday sought the pathological reports forming part of activist Sonam Wangchuk’s comprehensive medical evaluation after his wife, Gitanjali Angmo, moved the court alleging that he was being forcibly kept at Safdarjung Hospital by the Delhi Police to prevent him from participating in the ongoing protests in the national capital.
A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia directed that the pathological reports from Safdarjung Hospital, the All India Institute of Medical Sciences (AIIMS) and the private laboratory be filed on affidavit.
“Having regard to the overall facts and circumstances of the case as also the submissions made on behalf of the parties, we direct that all the pathological reports of the husband of the appellant based on the samples analysed at the laboratories of Safdarjung Hospital, All India Institute of Medical Sciences (AIIMS) and the private laboratory, shall be filed on an affidavit to be sworn in by none other than the Director of the respondent Hospital,” the court noted.
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The court also directed the Director-in-charge of AIIMS, Dr Akshay, Additional Professor, Emergency Medicine, AIIMS, and the consulting doctor to remain present during the hearing on Tuesday.
Solicitor General Tushar Mehta, appearing for the Delhi Police and the Centre, contended that the State has an interest in ensuring that Wangchuk’s health or life is not compromised, as it could have an impact on the law and order situation.
“When the consequence of your deterioration of health or a potential loss of life has an impact on the law and order situation, that is where the State’s interest comes in,” the SG said.
He submitted that while citizens have the right to protest, that does not give someone the right to say he will commit suicide unless his demands are met.
“We are not dealing with a case of euthanasia. We are dealing with a person who has a right to protest but the person exercising his right to protest, suppose tomorrow someone was to say that unless and until my demand is met, I will commit suicide, then public interest comes,” the SG stated.
In such a scenario, it is the duty of the State to ensure that his health does not deteriorate further, the SG added.
The Division Bench was hearing an appeal filed by Angmo challenging a single judge’s refusal to direct that Wangchuk be shifted from Safdarjung Hospital to Medanta Hospital in Gurugram.