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Delhi High Court rejects plea seeking transfer of Sonam Wangchuk to private facility 

The order was dictated orally during a special Sunday sitting convened to hear a plea filed by Wangchuk’s wife, Gitanjali Angmo, who sought Wangchuk's transfer

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Gitanjali J Angmo, wife of activist Sonam Wangchuk. Image credits/PTI
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The Delhi High Court on Sunday refused to pass an interim order allowing activist Sonam Wangchuk to be shifted to a private hospital of his choice, observing that the government’s decision to move him from the protest site to Safdarjung Hospital could not be termed arbitrary.

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The order was dictated orally during a special Sunday sitting convened to hear a plea filed by Wangchuk’s wife, Gitanjali Angmo, who sought his transfer from the government hospital where he is currently under medical supervision after being removed from the site of his ongoing hunger strike.

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Justice Mini Pushkarna noted that Wangchuk had not voluntarily admitted himself to any hospital and held that the authorities were within their rights to take appropriate medical action in view of his health condition.

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“Considering the fact that Sonam Wangchuk on his own volition did not check himself into any hospital facility, the government was within its rights to take such action as already stated,” the court observed.

The judge further recorded that the doctors at Safdarjung Hospital were closely monitoring Wangchuk’s health and had administered only sugar-free oral rehydration solution (ORS) and potassium chloride tablets, both with his consent.

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In view of these facts, the court said it could not be concluded that any force had been used against Wangchuk or that his bodily autonomy had been violated.

The High Court also accepted the Centre’s submission that Wangchuk’s wife and brother were being allowed access to him and had been provided a separate room at the hospital.

“Considering this, no interim order is required to be passed at this stage,” the court said while issuing notice on Angmo’s writ petition.

The Centre has been directed to file its reply to the petition within three days.

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