Noting that “the life of every citizen is precious and all efforts ought to be made by the government authorities to save the same”, the Delhi High Court on Sunday declined to interfere with the continued treatment of activist Sonam Wangchuk at Safdarjung Hospital.
Justice Mini Pushkarna passed the order while hearing a plea filed by Wangchuk's wife Gitanjali Angmo, seeking his transfer from the government facility to Medanta Hospital. She alleged that the activist’s continued confinement at the government hospital was not justified.
The court noted that Wangchuk’s sugar and sodium levels were below the normal range and that his potassium levels were also dangerously low, which could lead to life-threatening conditions.
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“Considering the overall conspectus of the facts and circumstances, this court is of the prima facie view that since the government has taken the decision to shift Wangchuk to a hospital on account of his precarious medical condition, the same cannot be considered to be an arbitrary action,” the court observed.
Further, the court noted that doctors at Safdarjung Hospital were closely monitoring Wangchuk’s health and had administered only sugar-free oral electrolytes, Potklor syrup and potassium chloride, with his consent.
The judge also observed that since Wangchuk had not voluntarily admitted himself to any hospital despite his deteriorating health condition, the government was within its rights to shift him to a medical facility.
“Considering the fact that Wangchuk, on his own volition, did not check himself into any hospital facility in view of his deteriorating health condition, the government was within its right to take such action,” the court said.
During the hearing, Additional Solicitor General Chetan Sharma, appearing for the Centre, submitted that Wangchuk was not under detention and that his family members had unrestricted access to him.
Taking note of the submission, the court recorded that Wangchuk’s wife, brother and brother-in-law had been given unrestricted access to meet him round the clock and that a separate room had been provided to the family.
It also recorded the statement of the Centre’s law officer that Wangchuk’s medical reports would be shared with his family. Observing that every life is precious, the court said in view of the submissions made by the Centre and the medical team regarding access to family members and the ongoing treatment, no interim directions were required at this stage.
Petitioner Gitanjali Angmo was represented by Advocates Kapil Sibal, Vivek Tankha, Akhil Sibal, Bahuli Sharma, Susan Maria Mathew, Yoshit Jain, Suryaansh Kishan Razdan and Ridhi Arora.
Solicitor General Tushar Mehta, Additional Solicitor General Chetan Sharma and others appeared for the government. The matter has been listed for further hearing on July 24.