BREAKING|Delhi HC Orders Sonam Wangchuk's Immediate Transfer To Medanta, Directs Continuous Medical Monitoring
The Delhi High Court allowed Sonam Wangchuk to be shifted from Safdarjung Hospital to Medanta Hospital while directing him to comply with the medical treatment prescribed by the hospital's expert team
Delhi High Court permitted Sonam Wangchuk's transfer to Medanta Hospital and directed him to adhere to the treatment prescribed by the hospital's medical team
The Delhi High Court on Tuesday directed that Sonam Wangchuk be immediately shifted from Safdarjung Hospital to Medanta Hospital, Gurugram, holding that he should be allowed to receive medical treatment at the hospital of his choice while ensuring continuous expert monitoring of his health.
The Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia passed the order while allowing an appeal filed by Wangchuk's wife, Dr. Gitanjali Angmo, challenging a Single Judge's refusal to direct his transfer to a private hospital.
The appeal arose from the Single Judge's July 19 order, which had declined interim relief and directed that Wangchuk's medical condition be managed strictly in accordance with medical protocols while his vital parameters were regularly monitored.
During the hearing, the Bench considered medical reports from Safdarjung Hospital, AIIMS and a private laboratory, along with an affidavit filed by a doctor from Safdarjung Hospital. The Court also interacted with doctors from AIIMS, Safdarjung Hospital and Wangchuk's private physician, Dr. Lamba.
After examining the medical records and consulting the doctors, the Bench observed that concerns had been consistently expressed regarding Wangchuk's low total leukocyte count (TLC) and potassium levels.
"There appears to be consensus that the husband of the appellant needs constant monitoring by medical experts," the Court observed.
Senior Advocate Akhil Sibal, appearing for Dr. Angmo, argued that Wangchuk's fundamental rights under Articles 19 and 21 of the Constitution entitled him to choose the hospital where he wished to receive treatment.
Accepting the submission, the Bench observed that Wangchuk ought to be shifted to a hospital of his choice.
"We are of opinion that the husband of the appellant ought to be shifted to hospital of his choice," the Court said.
On behalf of the appellant, it was submitted that Wangchuk wished to be treated at Medanta Hospital, Gurugram. The Court held that permitting such transfer would adequately protect his fundamental rights.
Solicitor General Tushar Mehta, appearing for the Union Government, informed the Court that the respondents had no objection to Wangchuk being shifted to Medanta Hospital.
Recording the statement, the Court directed Wangchuk's immediate transfer to Medanta.
The Bench further directed the Director of Medanta Hospital to constitute a specialised team of doctors with the requisite expertise to continuously monitor Wangchuk's medical condition and administer treatment in accordance with accepted medical protocols.
While allowing unrestricted access to Dr. Gitanjali Angmo to visit her husband, subject to medical protocols, the Court also directed Wangchuk to cooperate with and abide by the treatment prescribed by the medical team at Medanta Hospital.
Before concluding the proceedings, the Bench placed on record its appreciation for the assistance rendered by the AIIMS doctors, including Dr. Akshay Tandon, as well as Wangchuk's consulting physician, Dr. Lamba.
The appeal, as well as the writ petition pending before the Single Judge, were accordingly disposed of.
Previous Hearings
During the hearing, yesterday the Bench observed that its concern was "to save his life first" and questioned whether the issue could be reduced merely to potassium levels, pointing out that one of the reports also reflected elevated creatinine levels indicating possible kidney-related stress.
The Court ultimately directed the Delhi Government to place on record all pathological reports from Safdarjung Hospital, AIIMS and the petitioner's private laboratory, while requesting the AIIMS in-charge Director to personally assist the Court at the next hearing.
The Bench also recorded that no forced medical intervention had been undertaken so far and directed that the existing position continue until the matter is taken up again.
The Central Government had told the Court that an individual's right to bodily autonomy and refusal of medical treatment cannot be viewed in isolation where the State's constitutional obligation to protect life and maintain public order is engaged. Mehta argued that constitutional rights must be balanced against corresponding constitutional duties cast upon the State.
"The life of everyone, including the petitioner's husband, is precious and needs to be protected," Mehta had submitted.
Monday morning, the Court had agreed to hear an appeal filed by Sonam Wangchuk's wife, Dr. Gitanjali Angmo, challenging a Single Judge's refusal to shift him from Safdarjung Hospital to a private hospital of his choice.
What happened before the Single Judge bench
In special Sunday hearing, Justice Mini Pushkarna had declined to interfere with the continued treatment of Sonam Wangchuk at Safdarjung Hospital, holding that his transfer to the government hospital owing to his deteriorating medical condition "cannot be termed arbitrary" and that neither his bodily autonomy nor his right to consent was being violated.
She passed the order while hearing a plea filed by Wangchuk's wife, Gitanjali Angmo, seeking his transfer from Safdarjung Hospital to Medanta Hospital, alleging that his continued confinement at the government hospital was not justified.
Dictating the order in open court, Justice Pushkarna observed that Wangchuk had been on a hunger strike for 17-18 days and noted the Court's division bench’s order dated July 16 directing authorities to preserve his health.
In a related news, the Court on July 20, had refused urgent listing of a Public Interest Litigation (PIL) seeking a declaration that the Delhi Police acted illegally by removing Sonam Wangchuk from the protest site and shifting him to a hospital.
Wangchuk has been on an indefinite hunger strike at Jantar Mantar since June 28 in support of Cockroach Janta party founding president Abhijit Dipke's appeals for resignation of the Union Education minister. The protestors who have gathered at Jantar Mantar include politicians and student led organisations such as SFI and AISF. It is also alleged that the protests are being backed by political parties such as the Aam Aadmi Party, with Arvind Kejriwal recently expressing support
Bench: Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia
Hearing Date: July 21, 2026