New Delhi [India], July 19 : Dr Gitanjali J Angmo, wife of climate activist and educationist Sonam Wangchuk, has moved the Delhi High Court seeking directions for his immediate discharge from Safdarjung Hospital and transfer to a hospital of the family's choice, alleging that his continued stay at the government hospital amounts to "illegal and unconstitutional confinement" under the guise of medical treatment.
In the writ petition filed under Article 226 of the Constitution, Angmo has sought a declaration that Wangchuk's continued confinement at Safdarjung Hospital is illegal and violative of his fundamental rights. She has also sought unrestricted access to him for his family, legal counsel and doctors who had been monitoring his health during his hunger strike, besides a direction to the authorities to hand over his complete medical records and permit an independent medical examination.
The plea alleges that Wangchuk, who has been on an indefinite hunger strike since June 28 at Jantar Mantar in support of students protesting alleged irregularities in the NEET-UG examination, was forcibly removed from the protest site on July 18 and shifted to Safdarjung Hospital without his consent or prior notice to his family.
According to the petition, the action was taken under the pretext of implementing a Delhi High Court order dated July 16 that had only directed daily medical monitoring and necessary intervention based on doctors' opinion.
The petition contends that neither Wangchuk nor his wife was a party to the earlier public interest litigation in which the High Court had recorded the Solicitor General's assurance that government doctors would monitor Wangchuk's health daily and provide medical intervention whenever required.
It argues that the order did not authorise his forcible removal from the protest site or his continued confinement in hospital.
Angmo has alleged that at the time of his removal, Wangchuk's vital parameters were stable and he was already under the supervision of qualified doctors at the protest site. She claims there was no medical emergency warranting such action and that she was informed of his removal only through a volunteer, not by the authorities.
A significant allegation in the petition concerns an alleged discrepancy in Wangchuk's potassium levels. According to the plea, hospital authorities informed the family that his potassium level had dropped to 2.9, whereas a medical report from the previous day recorded it at 4.3.
The petition states that after repeated requests, the hospital handed over Wangchuk's blood sample nearly 10.5 hours later, following which an independent laboratory reportedly found his potassium level to be 3.6. The petitioner alleges that this raises serious concerns over the medical basis for his continued hospitalisation.
The plea further alleges that despite three written representations, hospital authorities refused to discharge Wangchuk or permit his transfer to a private medical facility. It also claims that his lawyers and doctors who had been treating him during the hunger strike were denied access, while only selective medical information was shared with the family.
Claiming that Wangchuk's continued confinement has no backing of any arrest, detention or judicial order, the petition argues that the authorities are using "medical intervention" as a pretext to prevent him from continuing his peaceful protest. It contends that the actions violate his rights to personal liberty, bodily autonomy, informed consent and peaceful protest under Articles 19 and 21 of the Constitution.
Among the interim reliefs sought, Angmo has requested the High Court to declare Wangchuk's confinement illegal, direct his immediate discharge, permit his transfer to a hospital chosen by the family, grant unrestricted access to his legal counsel and treating doctors, provide complete medical records, and restrain the authorities from administering any medicine or medical treatment without his informed consent or, where necessary, that of his wife.
On July 16, a Division Bench of the Delhi High Court, while disposing of a PIL filed by a third party concerning Wangchuk's deteriorating health during his hunger strike, recorded the Union government's assurance that government doctors would monitor his condition daily and take necessary medical intervention if required. Two days later, Wangchuk was shifted from Jantar Mantar to Safdarjung Hospital, following which his wife has now challenged his continued hospitalisation before the High Court.