The legal proceedings regarding Sonam Wangchuk’s treatment at Safdarjung Hospital have taken a new turn. Geetanjali J. Angmo, wife of hunger-striking activist Sonam Wangchuk, has filed an appeal in a Division Bench of the Delhi High Court challenging the single judge’s order.
In the appeal filed by Geetanjali Angmo, it has been claimed that keeping Sonam Wangchuk at Safdarjung Hospital without any arrest is not lawful and that the arrangement violates his liberty. The appeal also alleged that the right to take the final decision regarding treatment does not lie with Sonam Wangchuk or his wife.
The appeal further stated that the issues of informed consent and the personal right to accept or refuse any medical treatment were not considered in the single judge’s order. Therefore, the Division Bench has been urged to intervene and allow Sonam Wangchuk to be shifted to the private hospital of their choice.
During a special hearing held on Sunday, Justice Mini Pushkarna refused to intervene in the treatment being carried out at Safdarjung Hospital. The court also observed that the government’s decision to move Sonam Wangchuk from the hunger strike site at Jantar Mantar to a government hospital cannot be called arbitrary.
The single judge further commented that at this stage there is no immediate need to transfer Sonam Wangchuk to a private hospital. The court made these observations while hearing the petition filed by Geetanjali Angmo.
As per the court’s order, doctors at Safdarjung Hospital are closely monitoring Sonam Wangchuk’s health. The court also clarified that at this stage it cannot be said that his physical autonomy has been violated through the use of force.
On 16 July, the High Court had directed the administration to regularly monitor Sonam Wangchuk’s health. That order also stated that medical intervention should be undertaken if required. Justice Mini Pushkarna remarked that since he had not admitted himself to any hospital, it falls within the government’s rights to move him to Safdarjung Hospital keeping his health condition in mind.
The single judge clarified that the final decision regarding Sonam Wangchuk’s health will be taken by a team of doctors in accordance with established medical procedures.
It may be mentioned that Geetanjali Angmo had sought an urgent hearing on Sunday. A day earlier, on the 21st day of his hunger strike, Delhi Police had taken Sonam Wangchuk from the protest site at Jantar Mantar to Safdarjung Hospital.
Sonam Wangchuk has been on hunger strike since 28 June in protest against alleged irregularities in competitive examinations and the deaths of several students following the NEET question paper leak in May.
