Delhi High Court upholds Sonam Wangchuk's hospitalisation

The Delhi High Court, in a special Sunday hearing, 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.

Justice Mini Pushkarna 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.

The Court recorded that Wangchuk's potassium levels had reached dangerous levels and noted that although doctors had advised intravenous (IV) fluids, the same had not been administered because he had not consented.

Extensively relying on the submissions made by Additional Solicitor General of India, Chetan Sharma, the Single Judge said that the authorities had acted to safeguard his health.

Justice Pushkarna remarked: "Since Sonam Wangchuk has been shifted to Safdarjung Hospital due to his health condition, the Court does not deem it arbitrary."

The Court also said that Wangchuk should cooperate with medical personnel, as required to preserve his health.

"Ultimate decision as regards Sonam Wangchuk would be monitored by the medical team, which shall take a decision as per medical protocol", the bench observed.

The Court further recorded that no force was being used against Wangchuk and specifically held that his bodily autonomy was not being violated, observing that the government was within its rights to take measures to preserve his health.

However, while recording Angmo's allegation that police personnel were eavesdropping on their conversations, the Court merely noted it as a contention and observed that such conduct ought not to occur if the allegation was true.

Arguments before the court

Senior Advocate Kapil Sibal, appearing for Angmo, argued that Wangchuk was neither under arrest nor under detention, and therefore should be free to seek treatment at a hospital of his own choice.

Referring to Wangchuk's medical reports, Sibal submitted that although his potassium levels had dropped earlier, they had improved and presently stood at 3.2. He questioned why the government was objecting to his request to be shifted to Medanta.

"I want to go to a hospital of my choice. What is the impediment?" Sibal submitted.

During the hearing, the Single Judge questioned him for doubting the government doctors. To which Sibal replied he was not doubting them, but he wanted to be in a hospital of my choice.

He also argued that the July 16 order had been passed ex parte, contending that the State could not assume control over Wangchuk's medical decisions.

"But how can they take control of my body?" Sibal argued.

Justice Pushkarna, however, found from ASG Sharma’s submission that nothing had been administered forcibly, asking whether it was not the Court's duty to protect Wangchuk's life and health.

Government's Stand

ASG Chetan Sharma defended the government's actions, submitting that Wangchuk's condition had deteriorated after over two weeks of fasting and that prolonged fasting in prevailing weather conditions could lead to ketosis, septicaemia and other life-threatening complications.

Reading from the medical records, Sharma informed the Court that Wangchuk's potassium level had fallen to 2.9, urine tests showed ketones, and doctors had advised immediate intravenous fluids.

He submitted that Wangchuk initially refused IV treatment and instead agreed only to take sugar-free oral electrolyte solutions.

"The government is duty-bound. Whatever happens to him will have consequences. The government has to be more circumspect than it normally would" Sharma argued.

He further submitted that Wangchuk had been receiving the best possible treatment, his wife had been granted 24x7 access, attendants had been provided accommodation, and the allegation that he was being illegally confined was unfounded.

Objecting to one of the prayers in the petition seeking access for a lawyer inside the hospital, Sharma remarked:

"Ms. Angmo has also been given access to her. 24/7 access is given to her. Even attendants are given a separate room for rest. But please see their prayer — a counsel be given access? It's a hospital, not a courtroom! What sort of prayer is this?"

ASG Sharma also informed the bench that since Wangchuk has been in hospital, there has been "spasmodic cooperation and non-cooperation". "He has to cooperate with the attending doctors" he added.

ASG Sharma also opposed the submission of Wangchuk’s wife that “Police is always eavesdropping”, as he asked her not to talk like an activist.

“This is not an activist platform!... This is the activist speaking! Please keep it aside” : he said

Doctors make submissions 

Dr. Akshay (from AIIMS Delhi), one of the doctors who is treating Wangchuk, informed the Court that Wangchuk was consuming potassium chloride and sugar-free oral rehydration solution but continued to refuse IV fluids.

The doctor stated that Wangchuk remained in ketosis, indicating dehydration, and explained that he required carbohydrates along with potassium supplementation. He further said that some of Wangchuk's medical parameters, including his blood sugar levels, were borderline.

"Some of his parameters are borderline, including sugar levels. Recent blood gas reports shows hes in ketosis. That means he's dehydrated and needs carbohydrates and potassium chloride. If he doesn't have that, it will take another course" he submitted

The Medical Superintendent of Safdarjung Hospital also informed the Court that Wangchuk had repeatedly expressed distrust in the treating doctors, making medical intervention difficult.

"We wanted to take intervention. He has been repeatedly saying, 'I don't trust you'. The question of trust has tied our hands" the Medical Superintendent submitted.

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 the 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.