- Delhi HC refused Sonam Wangchuk's transfer to private hospital.
- Court upheld government's decision for Safdarjung hospitalisation.
- Wangchuk not detained; family has 24x7 access.
The Delhi High Court on Sunday refused to pass an interim order on the plea filed by climate activist Sonam Wangchuk's wife regarding shifting him to a private hospital. The court also issued a notice to the government to file a status report within 3 days.
The court has listed the case for the next hearing on July 24. The high court also directed the authorities to share the reports with Wangchuk's wife, Gitanjali J Angmo.
While giving the order, the court observed that Wangchuk is not in detention and 24X7 access has been provided to his wife and brother at Safdarjung Hospital. The court also noted that a separate room has been provided to them so that they can be around and spend time with Wangchuk.
"Considering these facts, no interim order is required to be passed at this stage,” the Court says while issuing notice on the petition.
The court also cited the Division Bench order to uphold the government's action to hospitalise Wangchuk in Safdarjung.
"Wangchuk's potassium level is dangerously low, and the Court notes that IV fluids have not been administered as he did not consent. The Court holds that the government’s decision to shift Wangchuk to Safdarjung Hospital cannot be termed arbitrary, as it was taken in view of his deteriorating medical condition and the earlier Division Bench order," the court stated.
The Court observed that doctors at the Safdarjung Hospital have been closely monitoring Wangchuk's health and have administered only oral treatment with his consent. The court also observed that Wangchuk didn't see
"It therefore finds no material to suggest force has been used against him. The High Court also notes Wangchuk is not under detention. However, since he did not voluntarily get himself admitted to any hospital despite his condition, the government was within its rights to shift him to a government hospital," the Delhi HC added.
had not voluntarily admitted himself to a hospital despite deteriorating health, the government was within right to intervene.
"Considering the fact that Wangchuk, on his own volition, did not check himself into a hospital, the government was within its right to take such action. As already stated by the Division Bench, every life is precious," it said.
Additionally, Justice Mini Pushkarna also noted that doctors had been monitoring Wangchuk's electrolytes upon his consent, which does not violate the body autonomy rights.
The petition was filed by Wangchuk's wife, who sought relief to get him shifted to Medanta, a private hospital, alleging that she was denied a second opinion on potassium.
During the hearing, she told the court, "We asked for a second opinion on potassium. I was denied. I said you can get a sample. They made me wait for 12 hours. I went out looking for a lab, all were shut. They would have put him on IV, his level was normal."