The Delhi High Court on Tuesday allowed the transfer of activist Sonam Wangchuk from Safdarjung Hospital to Medanta Hospital in Gurugram, observing that such an order would fulfil the constitutional mandate of safeguarding Wangchuk’s fundamental rights enshrined not only under Article 19 but also Article 21 of the Constitution.
Event Context
A bench of chief justice DK Upadhyaya and justice Tejas Karia further directed the Medanta’s director to constitute a panel of doctors to oversee the activist’s treatment.
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It added, “In view of the aforesaid, we direct that the appellant’s husband be shifted immediately to Medanta hospital Gurgaon. The director of Medanta Hospital, shall form team of doctors having requisite expertise which shall constantly monitor the medical condition of the appellant’s husband and shall also administer the medication as maybe required as per the accepted medical norms, protocol.” Wangchuk, who has been on an indefinite hunger strike at Jantar Mantar for more than 20 days over irregularities in NEET examinations, was taken to Safdarjung Hospital by Delhi Police on Saturday morning.
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After the court’s order, the activist was shifted to Medanta Hospital amid heavy security.
A senior Gurugram police officer told HT, “Adequate security arrangements have been made.”
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“Having regard to the submission made by the counsel of the parties, opinions expressed by the doctors present and the concerns raised by them, we are of the opinion that the appellant’s husband ought to be shifted to a hospital of his choice. In the hearing of this matter before the court, it has been stated by appellant that appellant can be medically taken care of at Medanta, Gurgaon which is the hospital of his own choice. In case, appellant’s husband is shifted to Medanta, that will be in fulfilment of the requirements of ensuring his fundamental rights enshrined not only in article 19 but 21 as well,” the court said in its order.
The security teams will be deployed at the hospital until further notice, the officer added.
