No Prima Facie Violation of Wangchuk’s Liberty; Hospital Shift Was to Protect His Life: Delhi HC

NEW DELHI: The Delhi High Court on Sunday observed that the government's decision to shift climate activist Sonam Wangchuk from the site of his fast to Safdarjung Hospital, in view of his deteriorating health, could not prima facie be termed arbitrary and did not infringe his personal liberty, as the step was taken to protect his life.

The Court also found no grounds to grant interim relief seeking his transfer from Safdarjung Hospital to a private hospital of his choice.

Justice Minister Pushkarna made the observations while hearing a petition filed by Wangchuk's wife, Gitanjali J Angmo, seeking directions to shift him to Medanta Hospital, Gurugram. She contended that Wangchuk was in Safdarjung Hospital without his or his family's consent and, since he was not detained, argued he could not be confined there against his wishes.

The union government opposed the plea, submitting that Wangchuk’s health had deteriorated significantly after his prolonged fast and that the decision to move him to Safdarjung Hospital was taken in view of his worsening vital parameters.

The Court was also provided with his medical records and heard submissions from doctors of Safdarjung Hospital and AIIMS, who are monitoring his condition.

The High Court noted that Wangchuk had been fasting for nearly 17 to 18 days and referred to an earlier order of a Division Bench dated July 16, which had directed that his health be monitored daily and that all necessary medical intervention be undertaken to prevent further deterioration.

The Court observed that the government shifted him to the hospital in compliance with those directions and because of his perilous medical condition.

The Court further recorded that Wangchuk's sugar and sodium levels were below the normal range and that his potassium levels were stated to be dangerously low, posing a risk of life-threatening complications. It also noted the government's submission that Wangchuk had refused intravenous fluids, so they were not administered.

The Court ruled that Wangchuk's bodily autonomy was not being violated and that no force was being used against him, as doctors at Safdarjung Hospital were closely monitoring him and giving him only the medicines and oral electrolytes he had consented to.

The Court also addressed the argument that Wangchuk was a free citizen and not under detention. It was observed that merely taking him from the protest site to a hospital, considering his vulnerable medical condition caused by prolonged fasting, did not prima facie amount to an infringement of his personal liberty.

The Court added that since Wangchuk had not voluntarily admitted himself to any medical facility despite his deteriorating health, the government was under a bounden duty to take measures to ensure his well-being, reiterating that every life is precious and deserves protection.

The High Court further took note of the government's statement that Wangchuk's wife, brother and brother-in-law have been granted unrestricted 24x7 access to meet him and that a separate room has been provided for family members, an arrangement described as unprecedented compared to the normal visiting-hour policy for other patients.

Holding that no case for interim relief was made out at this stage, the Court directed the union to file its status report within three days and listed the matter for further hearing on July 24.

It also noted that while Wangchuk can decide whether to accept medical treatment, the final judgement about his health and treatment will be made by the medical team, which must keep checking his health and follow strict medical rules to protect his life.

During the hearing, the additional solicitor general also assured the Court that Wangchuk's medical reports would be shared with his family, and the Court recorded the statement. (ANI)

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