The Delhi High Court on Tuesday directed that climate activist Sonam Wangchuk be shifted to Medanta Hospital after interacting with doctors from both sides and noting a consensus that his health required continuous clinical monitoring amid his ongoing hunger strike.
Appearing for the petitioner, Senior Advocate Akhil Sibal submitted that although Wangchuk’s vital parameters were stable, prolonged fasting had caused changes in certain medical indicators that warranted continued monitoring. Referring to medical opinions placed before the Court, Sibal argued that Wangchuk was exercising his rights under Articles 19 and 21 of the Constitution and requested that, if the Court deemed hospitalisation necessary, he be shifted to Medanta Hospital. He also highlighted Wangchuk’s concerns regarding restrictions imposed during his stay at the government hospital.
Solicitor General Tushar Mehta informed the Court that the Government had no objection to Wangchuk being shifted to Medanta. However, he submitted that Wangchuk should continue to remain under medical supervision and should not be discharged against medical advice, emphasising the need for uninterrupted clinical monitoring.
The Court noted that, after interacting with the Director of AIIMS, doctors from Safdarjung Hospital, and Dr. Satish Lamba, Wangchuk’s personal physician, there was a consensus that he required constant and continuous medical monitoring. The Bench observed that concerns had been expressed regarding his low total leukocyte count (TLC) and potassium levels, warranting continuous supervision by medical experts.
Taking into account the medical opinions and the submissions advanced by Senior Advocate Akhil Sibal on behalf of the appellant regarding Wangchuk’s rights under Articles 19, 21 and 21A of the Constitution, the Court held that shifting him to a hospital of his choice would sufficiently protect his fundamental rights. It also recorded the statement of Solicitor General Tushar Mehta that the respondents had no objection to Wangchuk’s hospitalisation at Medanta Hospital.
Accordingly, the Court directed that Wangchuk be shifted to Medanta Hospital, Gurugram, where the Director of the hospital shall constitute a team of specialists to continuously monitor his medical condition and administer treatment in accordance with accepted medical protocols. The Court further directed that Wangchuk shall abide by the treatment and medical advice of the doctors at Medanta.
Addressing the appellant’s concerns regarding access, the Bench directed that, in addition to the hospital’s medical protocols, Geetanjali Agmo shall be permitted to visit her husband whenever she desires.
Before parting with the matter, the Court placed on record its appreciation for the assistance rendered by the Director, AIIMS, the doctors from Safdarjung Hospital, and Dr. Satish Lamba. The appeal, along with the connected writ petition and pending applications, was accordingly disposed of.