DELHI HIGH COURT RULES WANGCHUK’S TRANSFER TO MEDANTA UPHOLDS ARTICLES 19 & 21, GRANTS WIFE UNRESTRICTED ACCESS:

The Delhi High Court has disposed of an intra-court appeal filed by Gitanjali Angmo, wife of noted climate activist Sonam Wangchuk, directing that he be immediately transferred from Safdarjung Hospital in New Delhi to Medanta Hospital, Gurugram, for further medical treatment. While allowing the appeal, the Division Bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tejas Karia also directed that Angmo be permitted unrestricted access to visit her husband during his hospitalization, subject only to the standard medical protocols observed by the hospital. The Court further clarified that Wangchuk must comply with the treatment, medication, and medical protocols prescribed by the team of doctors entrusted with his care. It directed the Director of Medanta Hospital to constitute a team of specialists possessing the requisite expertise to continuously monitor Wangchuk's health and administer all necessary medical treatment in accordance with accepted medical standards.

During the proceedings, Senior Advocate Akhil Sibal appeared on behalf of the appellant, while Solicitor General Tushar Mehta represented the respondents. One of the principal submissions advanced on behalf of the appellant was that the continued denial of treatment at a hospital of Wangchuk's choice amounted to a violation of his fundamental rights guaranteed under Articles 19 and 21 of the Constitution of India. After considering the rival submissions, the medical opinions placed before it, and the concerns expressed by the doctors assisting the Court, the Division Bench concluded that permitting Wangchuk to receive treatment at Medanta Hospital would adequately safeguard his constitutional rights. The Court observed that the appellant had consistently maintained that Medanta Hospital possessed the necessary medical facilities to treat Wangchuk and, in the circumstances, allowing him to be shifted to the hospital of his choice would be consistent with the constitutional mandate of protecting not only his personal liberty under Article 21 but also his broader freedoms under Article 19.

The litigation arose after the authorities shifted Wangchuk from the site of his hunger strike to Safdarjung Hospital, citing the serious deterioration of his health following a prolonged fast lasting nearly seventeen to eighteen days. Concerned about his medical condition, the authorities asserted that immediate hospitalization was necessary to avert any threat to his life. In earlier proceedings, a Division Bench of the High Court had emphasized that every citizen's life is of paramount importance and had directed the authorities to undertake daily clinical monitoring of Wangchuk's health while ensuring that all necessary medical measures were taken to preserve his life and well-being.

Subsequently, Wangchuk's wife instituted a writ petition seeking his transfer from Safdarjung Hospital to Medanta Hospital. However, Justice Mini Pushkarna declined to grant interim relief, observing at the prima facie stage that the State's intervention to provide medical treatment and safeguard Wangchuk's life could not be construed as unlawful detention or an infringement of his personal liberty. Aggrieved by the refusal of interim relief, Angmo preferred the present Letters Patent Appeal before the Division Bench.

During the appellate proceedings, the Division Bench directed Safdarjung Hospital as well as the appellant to place on record all relevant blood and urine investigation reports, together with the medical bulletins issued in respect of Wangchuk's condition. The Court also required expert doctors to appear before it and assist in evaluating the medical evidence. Upon considering the entire record and the expert medical opinion, the Bench ordered Wangchuk's immediate transfer to Medanta Hospital for continued treatment. In view of these directions, the Court disposed of both the intra-court appeal and the underlying writ petition.