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Delhi HC allows shifting Wangchuk to Medanta

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The Delhi High Court on Tuesday permitted activist Sonam Wangchuk, who has been on an indefinite hunger strike in support of the Cockroach Janta Party (CJP) protest over examination paper leaks, to be shifted from Safdarjung Hospital to Medanta Hospital in Gurugram, holding that his treatment could continue at the private facility while ensuring uninterrupted medical supervision.A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia directed that Wangchuk be admitted to the hospital of his choice and asked Safdarjung Hospital to immediately hand over his complete medical records to Medanta. The Bench also directed that a team of doctors at the private hospital oversee his treatment.The directions came during the hearing of an appeal filed by Wangchuk’s wife Gitanjali Angmo against a single judge order that had declined interim relief seeking the activist’s transfer from Safdarjung Hospital.Senior advocate Akhil Sibal, appearing for Angmo, relied on medical documents, including reports prepared by the doctor who had been attending to Wangchuk during his hunger strike. Representing the Centre, Additional Solicitor General Chetan Sharma also produced the government’s medical records before the court.As the Bench examined reports received from Safdarjung Hospital, AIIMS and a private laboratory, it sought explanations from doctors over several medical parameters, including Wangchuk’s declining potassium levels and elevated urea and uric acid readings. The judges questioned whether these indicators pointed towards deterioration in his condition.Doctors informed the court that many of the biochemical changes were expected in a person undergoing prolonged fasting, explaining that the body switches to burning stored fat when deprived of glucose, leading to ketone production and altered laboratory values.Solicitor General Tushar Mehta submitted that the court should place greater reliance on the clinical assessment of the treating doctors rather than laboratory reports viewed in isolation.The hearing also witnessed a brief exchange after one of Wangchuk’s treating doctors began explaining his professional credentials. Mehta objected, saying the doctor’s assistance should remain confined to medical issues before the court.Highlighting the medical concerns, the Centre referred to Wangchuk’s low total leukocyte count, describing it as a serious development. An AIIMS doctor told the Bench that Wangchuk’s white blood cell count, haemoglobin and platelet levels were below the normal range, indicating reduced immunity and increasing the possibility of infection.The AIIMS Director further informed the court that although potassium supplements were being administered orally, Wangchuk’s potassium level continued to require attention. He added that strict infection-control measures had been put in place inside the hospital because Wangchuk’s ability to resist infection had weakened considerably.Responding to the medical reports, Sibal argued that Wangchuk’s vital signs remained stable and that the issue before the court was not whether he required observation, but whether such monitoring could continue at the hospital of his choice. He also placed before the Bench a letter from Wangchuk alleging restrictions on communication and visitors during his stay at Safdarjung Hospital.After considering the submissions and interacting with the medical experts present in court, the Bench observed that the opinions placed before it consistently indicated the need for close medical supervision. It, however, found no reason why such supervision could not continue after Wangchuk’s transfer to Medanta.The Centre informed the court that it had no objection to Wangchuk being shifted. Mehta, however, urged that he should not be discharged against medical advice. The Bench declined to examine that aspect, observing that it was limiting itself to the issue of transfer.Wangchuk has been on hunger strike at Jantar Mantar since June 28 in support of the youth-led CJP movement, which is demanding accountability for repeated examination paper leaks and the resignation of Union Education Minister Dharmendra Pradhan. The Delhi Police shifted him to Safdarjung Hospital on July 18 after expressing concern over his health.Angmo subsequently approached the High Court, contending that Wangchuk’s continued stay at the government hospital infringed his right to choose his medical treatment and personal liberty. She challenged the single judge’s refusal to grant interim relief, leading to Tuesday’s proceedings before the Division Bench.

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