The Delhi high court on Monday directed Safdarjung Hospital to place on record all pathological reports of activist Sonam Wangchuk prepared by Safdarjung Hospital, AIIMS and any private laboratory, along with all medical and health bulletins issued from time to time regarding his condition.
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The court also directed that in-charge director of AIIMS as well as the AIIMS emergency doctor treating Wangchuk to be present at the hearing, and the doctor who had been treating Wangchuk earlier to remain present in court for assistance on Tuesday.
“Having regard to the overall circumstances, we direct that all the pathological reports of the husband of the appellant based on the samples analysed at the lab of Safdarjung, AIIMS and private laboratory shall be filed by the affidavit sworn in by the director of respondent number 4 (Safdarjung hospital). The appellant shall also file the pathological report, of the appellant’s function which have been said to have conducted in some private laboratory,” the court said in the order.
It added, “We direct that the incharge director AIIMS and Dr Akshay, emergency medicine tomorrow for assistance. The doctor whom the appellant has been consulting be present during the course of hearing tomorrow and the respondent number 4 will also bring on record the medical/health bulletin issued from time to time concerning the appellant’s husband health conditions.”
The court passed the order in a petition filed by Wangchuk’s wife, against single judge’s Sunday order refusing to permit her to shift him to a hospital of his own choice.
This was after, Gitanjali’s counsel, Senior Advocate Akhil Sibal, argued that the government’s decision to admit Wangchuk to Safdarjung Hospital, without any formal order of arrest or detention and against his express wishes, amounted to a violation of his right to bodily autonomy. Sibal submitted that Wangchuk was fully conscious, coherent and pointed out he had been personally writing letters, including one seeking permission to participate in the march that took place on Monday.
He further contended that Wangchuk was removed from the protest site and shifted to the hospital without consulting or obtaining the consent of his wife. Sibal pointed out discrepancies in the medical reports, submitting that while the pathological report issued by Safdarjung Hospital recorded Wangchuk’s potassium level at 2.9 mg, a report from a private laboratory showed it to be 3.6 mg, which falls within the normal range.
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A bench of chief justice DK Upadhyaya and justice Tejas Karia observed that it would consider Wangchuk’s wife Gitanjali’s plea seeking his transfer to a hospital of his choice on Tuesday after examining the medical records.
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Opposing the petition, the Centre, represented by Solicitor General Tushar Mehta, additional solicitor general Chetan Sharma along with standing counsel Ashish Dixit argued that while the government ordinarily has no role in interfering with an individual’s bodily autonomy, the position changes where a person’s deteriorating health or potential loss of life could have wider implications for public order and law and order.
“Under normal circumstances, it is autonomy, but when consequences of deterioration of health and potential loss of life have an impact on the law and order situation, that is when the state’s right comes in. We are not dealing with the case of an ordinary person staying at his house, but we’re dealing with a person whose deterioration of health will have possibly potentially have some repercussions, and that is when the state comes into the picture. The right to life can never be absolute,” he said.
The SG further added that the blood samples had been tested, not only at Safdarjung but also at AIIMS and a private laboratory, and the results were substantially similar.
Wangchuk, who has been on an indefinite hunger strike at Jantar Mantar for 21 days over irregularities in national examinations, was taken to Safdarjung Hospital by Delhi Police on Saturday morning. While the police said the move was aimed at monitoring his health in line with court directions, opposition parties accused the Centre of using force against a peaceful protest and questioned the timing of the action, a day after the appointment of a new Delhi police commissioner.
The BJP defended the police action, saying it was taken to protect Wangchuk’s health. Supporters said Wangchuk was forcibly removed, triggering a commotion at the protest site.
