The Delhi High Court on Tuesday permitted activist Sonam Wangchuk to be shifted from Delhi's Safdarjung Hospital to Medanta Hospital in Gurugram, allowing him to continue treatment at a private facility of his family's choice.
A division bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia directed that all medical records, reports and treatment documents maintained by Safdarjung Hospital be handed over to Medanta to ensure continuity of care.
The court also instructed the director of Medanta Hospital to constitute a panel of specialist doctors to monitor Sonam Wangchuk's condition and administer treatment in accordance with established medical protocols.
Reacting to the order, Wangchuk's wife, Gitanjali Angmo, wrote on X, "My heartfelt thanks to the Hon'ble Delhi highcourt for passing favourable order of discharge of Sonam Wangchuk to Medanta, the hospital of our choice! My heartfelt thanks also to Akhil Sibal and Bahuli Sharma and their teams for this win against unbelievable odds in record time!!"
The order came on Angmo's appeal against a single judge's decision refusing to discharge Wangchuk from Safdarjung Hospital. The High Court had earlier directed the hospital to place on record all pathological reports, including tests conducted by AIIMS and a private laboratory, along with every medical bulletin issued during his treatment. The bench observed that its directions were intended to safeguard Wangchuk's fundamental rights under Articles 19 and 21 of the Constitution.
Solicitor General Tushar Mehta, appearing for the Centre, informed the court that the government had no objection to Sonam Wangchuk being treated at Medanta. Recording the submission, the bench ordered his immediate transfer to the private hospital.
Appearing for Gitanjali Angmo, senior advocate Akhil Sibal argued that Wangchuk had been taken from the Cockroach Janta Protest (CJP) site at Jantar Mantar to Safdarjung Hospital on Saturday without consultation and despite there being no medical emergency. He submitted that the High Court's July 16 order had only authorised medical monitoring and intervention if necessary.
During the hearing, the bench questioned doctors from Safdarjung Hospital about Wangchuk's elevated urea and uric acid levels. "What about the raised urea and uric acid levels? The raised acid isn't it an indication of some malfunctioning?" Chief Justice Upadhyaya asked. A doctor responded, "When we glucose is not taking, then the energy source is fat. So due to the breakdown of fat, there is ketones in the urine. After the days of fasting, these changes are natural."
Sibal also told the court that Sonam Wangchuk had remained conscious, was not in the intensive care unit and should be allowed to choose where he receives treatment. He said two doctors had been treating the activist throughout his hunger strike.
Earlier, the bench had remarked, "The court's concern is to save his life first. We are not concerned with any other thing. Therefore whatever samples you have analysed… please compile these report and file it on affidavit."
Delhi Police shifted Wangchuk from Jantar Mantar to Safdarjung Hospital on Saturday, the 21st day of his indefinite hunger strike over alleged paper leaks and the deaths of students linked to the cancellation of the NEET examination. He is currently on the 24th day of his fast.
On Sunday, Justice Mini Pushkarna had declined to order his transfer to a private hospital, holding that the decision to admit him to Safdarjung Hospital was neither arbitrary nor illegal and that his treatment should continue under the supervision of the attending medical team. Angmo subsequently challenged that order before the division bench, which has now allowed the transfer.
