No private hospital transfer for Sonam Wangchuk as court upholds forcible removal

The Delhi High Court states that at Safdarjung Hospital, Sonam Wangchuk has been administered only oral interventions deemed necessary in light of his ‘deteriorating’ condition, although without his consent.

Sonam Wangchuk Delhi High Court Safdarjung HospitalSonam Wangchuk with his wife Gitanjali J. Angmo, on the 20th day of his indefinite hunger strike as part of the Cockroach Janata Party's (CJP) protest (Photo: ANI).

In an urgent Sunday hearing, the Delhi High Court refused any interim relief to immediately discharge Sonam Wangchuk from the government-run Safdarjung Hospital, terming the police’s forcible removal of the activist from his hunger strike site as “not arbitrary”.

The court also sought responses from the government and the Delhi Police on a plea filed by the activist’s wife Gitanjali Angmo seeking his immediate discharge to allow him to be treated at Medanta Hospital. She alleged a “lack of transparency” because Safdarjung Hospital refused to share Wangchuk’s medical reports with her.

After nearly a 40-minute hearing, Justice Mini Pushkarna stated that Wangchuk has been administered only oral interventions without his consent, which were deemed necessary in light of his “deteriorating” condition. Justice Pushkarna observed, “It cannot be said that any force is being used against Wangchuk, or his bodily autonomy is being violated in any manner.”

Wangchuk has refused intravenous medical intervention even as an additional professor in the department of emergency medicine informed the court that he “needs to take vitamins”, starting with thymine. “We cannot give him that since he is not allowing IV access,” added the doctor, Dr Akshay Kumar of AIIMS, New Delhi.

Justice Pushkarna, while refusing Wangchuk’s request for a transfer to Medanta Hospital, also recorded in the order that he “will cooperate”.

The court also recorded that Safdarjung Hospital should share Wangchuk’s medical records with his family. It took into account Wangchuk’s deteriorating condition, noting that his potassium levels were “dangerously low”.

 

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While holding that Wangchuk is not in detention and is a free citizen, the court said the activist did not check himself into any facility in view of his “deteriorating condition” on his own and that the government “was within its right to take such action”, relying on the high court’s July 16 order that observed that “life is precious and should be taken care of”.

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Angmo, who was present in the courtroom, was represented by senior advocate Kapil Sibal. She informed the court that they would be taking “discharge against medical advice” and shift Wangchuk if necessary.

Vehemently opposing Angmo’s request, Additional Solicitor-General Chetan Sharma submitted on behalf of the government, “These are extraordinary circumstances, or rather prevailing circumstances… The government has to be extra careful… Whatever happens to him will have consequences… So the government has to be more circumspect than it is normally, and extra cautious.”

No comment on eavesdropping claim

The court did not make any observations on Angmo’s complaint that the family is “constantly” under police surveillance, including inside Wangchuk’s hospital room, with the petitioner further alleging that the police are “eavesdropping”.

Wangchuk was forcibly removed from his protest site by the police and admitted to the hospital early Saturday morning, two days ahead of the start of Parliament’s monsoon session on Monday, when Wangchuk and the activist platform Cockroach Janta Party (CJP) had planned a march to Parliament. It also followed the appointment of a new Delhi Police chief. Wangchuk and the CJP are demanding the resignation of Union Education Minister Dharmendra Pradhan over question paper leaks and other irregularities in competitive exams.

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Angmo has alleged that the police took “undue advantage” of the high court’s July 16 order “as a colourable pretext” to remove Wangchuk from the protest site at Jantar Mantar without his “free and informed consent”.

On July 18, the court directed that Wangchuk’s health condition be monitored by government doctors and that appropriate medical action be taken as per doctors’ advice.

Angmo has outlined in her petition that following his admission to Safdarjung Hospital, Wangchuk has been “kept in a solitary manner, ostensibly under the pretext of medical treatment”.

Though Angmo was granted access to him, “Wangchuk’s access to his lawyer and his treating doctors was arbitrarily denied, in complete disregard of his rights and those of his family”, the petition states. She was also allegedly arbitrarily barred from taking her phone or any other electronic devices while meeting her husband. However, the court did not make any observations on the alleged denial of access to lawyers and electronic devices.

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Prior to moving court, Angmo had written to the medical superintendent of Safdarjung Hospital, recording that “no oral or intravenous substance or fluid be administered” to Wangchuk without her consent. She had also flagged that the drop in Wangchuk’s potassium levels to 2.9, as informed by the hospital, “is unusual, concerning and warrants to be verified”, since a night before his potassium levels were normal.

Low potassium levels can impact the body’s muscle and nerve function.

It is Angmo’s case that she was given Wangchuk’s blood sample nearly 10 hours after her request on July 18 for independent testing, and that the hospital has subsequently refused to share his medical reports “either digitally or physically”, compelling her to seek his discharge on account of the “lack of transparency” by the hospital.

Notably, the independent testing of his blood potassium levels has been recorded at “3.6 mg (normal level) rather than the earlier claimed level of 2.9 mg”, Angmo has further pointed out in her petition.

Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More

 

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