HC denies shifting Sonam Wangchuk to other hospital

Delhi High Court Denies Request to Shift Sonam Wangchuk to Private Hospital

Bharatmorningnews.com – In a significant ruling, the Delhi High Court has denied the request to transfer Sonam Wangchuk to a private medical facility, maintaining his stay at Safdarjung Hospital. The decision came during a special session held on Sunday, where Gitanjali Agmo, wife of the activist, argued that her husband’s continued detention at the government-run hospital violated his constitutional rights. The court emphasized that the transfer was a necessary measure based on Wangchuk’s medical condition, asserting that the government’s actions were justified and not arbitrary. This ruling has sparked renewed debate about the balance between judicial authority and individual freedoms in the context of public protests.

Legal Arguments and Judicial Rationale

Gitanjali Agmo’s legal team contended that Sonam Wangchuk had not given consent for his hospitalization, even when he was not in custody. They cited the right to bodily autonomy and argued that the transfer was a tactical move to undermine his hunger strike. The court, however, dismissed these claims, stating that the government had the legal right to intervene in Wangchuk’s treatment to ensure his health was prioritized. Justice Mini Pushkarna, who presided over the case, noted that the decision was grounded in medical necessity, not political motivation. The court also reiterated that the shift was in line with previous judicial directives, highlighting its consistency with established procedures.

“Considering the overall conspectus of the facts and circumstances before this court, this court is of the view that since the government has taken the decision to shift Mr Wangchuk to hospital on account of his medical condition, this court does not find the same to be an arbitrary action,” the court stated.

The government’s position was reinforced by Additional Solicitor General Chetan Sharma, who defended the transfer as essential due to Wangch