The Delhi High Court on Tuesday allowed activist Sonam Wangchuk, who is on hunger strike in solidarity with the Cockroach Janata Party (CJP) student protest, to be shifted from Safdarjung hospital to Medanta hospital.
A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia passed the order after Wanghcuk's wife Gitanjali Angmo (appellant) approached the Court saying he was being held at Safdarjung hospital against his will and the Delhi Police was keeping him there to prevent him from rejoining the CJP protests.
Wangchuk had earlier been removed from the protest site at Jantar Mantar and taken to Safdarjung hospital by the Delhi Police after it was claimed that his health was deteriorating due to hunger strike."Having regard to the submissions made, the opinion expressed by the doctors present 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 his choice. We accordingly direct that the husband of the appellant shall be immediately shifted to Medanta.
The directors of Medanta shall form a team of doctors having requisite expertise which shall constantly monitor the medical condition and shall also administer the medication as may be required in terms of accepted medical norms to which he shall abide," the Court ordered.The Court also made it clear that Angmo will be free to visit Wangchuk without any restriction "So far as access to the appellant to her husband during the course of hospitalization, she shall be allowed to visit her husband as she desires," the order said.The Court stated that allowing Wanghcuk's transfer to Medanta would be in accordance with his fundamental rights.
The Court also told Angmo to cooperate with the decision.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.Further, it had directed Angmo to file the medical reports cited by her. It had also ordered the doctors involved to be present in court on Tuesday for the hearing.When the matter was taken up for hearing today, Senior Advocate Akhil Sibal, appearing for Angmo, submitted a letter by the doctor who had been treating Wangchuk at the time of protest. Additional Solicitor General (ASG) Chetan Sharma, appearing for the Central government, also handed over documents.
Sibal submitted a letter from Wangchuk stating that his phone was taken away from him, people were not allowed to visit him and that those allowed are subjected to searches and surveillance.The Court opined,"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."SG Mehta said that the government had not objection to the shifting Wangchuk to Medanta.
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