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Delhi High Court to Decide on Activist Sonam Wangchuk's Hospital Transfer Request

The Delhi High Court is poised to make a crucial decision regarding the transfer of activist Sonam Wangchuk from Safdarjung Hospital to a private medical facility. His wife, Gitanjali Angmo, has appealed against a previous ruling that restricts their ability to make decisions about his treatment. Wangchuk, who has been on a hunger strike since June 28, is protesting alleged irregularities in competitive examinations. The court has requested health reports and the presence of medical professionals involved in his care, highlighting the ongoing legal and medical complexities surrounding his situation.
 

Court Reviews Health Reports of Activist


New Delhi: On Monday, the Delhi High Court instructed Safdarjung Hospital to submit Sonam Wangchuk's health reports and pathological findings. The court is set to make a decision on Tuesday regarding the request from Wangchuk's wife, Gitanjali Angmo, to transfer him to a private medical facility.


The bench, which included Chief Justice D K Upadhyaya and Justice Tejas Karia, was addressing Angmo's appeal against a previous ruling that upheld Wangchuk's treatment at the government hospital.


The judges emphasized that the report should encompass the analysis of samples taken that day.


They will determine whether to grant Angmo's request for a transfer to a private hospital during the next session.


Angmo's appeal challenges a prior decision that she claims unjustly confines Wangchuk to Safdarjung Hospital, stripping both of them of the authority to make decisions regarding his medical care.


The bench also requested the presence of the AIIMS director and the emergency doctor treating Wangchuk, as well as the physician who previously attended to him.


Additionally, Angmo was asked to provide blood analysis reports that were conducted at her request in a private laboratory.


The court agreed to expedite the hearing after Angmo's senior counsel raised the matter urgently.


In her appeal, Angmo argued that the earlier ruling effectively denies Wangchuk's right to informed consent regarding his medical treatment.


During a special session on Sunday, Justice Mini Pushkarna declined to intervene in Wangchuk's treatment at Safdarjung Hospital, asserting that the government's decision to move him from Jantar Mantar to a hospital was not arbitrary.


The single judge noted that there was no immediate need for an interim order to transfer the activist.


This observation followed Angmo's petition requesting permission for the transfer.


The court noted that doctors at Safdarjung were closely monitoring Wangchuk's condition and that there was no evidence of force being used against him.


Justice Pushkarna referenced a July 16 order that mandated authorities to monitor Wangchuk's health and intervene medically if necessary, stating that since he did not voluntarily enter a hospital, the government acted within its rights to transfer him based on his health status.


She added that the medical team responsible for Wangchuk's care would ultimately make decisions based on established medical protocols.


Angmo had sought an urgent hearing on her petition on Sunday, following the Delhi Police's action to remove Wangchuk from the protest site at Jantar Mantar and transfer him to Safdarjung Hospital on the 21st day of his hunger strike.


Wangchuk has been on a hunger strike since June 28, protesting alleged irregularities in competitive exams and the deaths of students linked to the cancellation of the NEET exam.