The Delhi High Court is seeking comprehensive medical records of climate activist Sonam Wangchuk as it addresses an appeal lodged by his spouse, Dr Gitanjali Angmo. This appeal contests a previous ruling by a Single Judge, which denied Wangchuk’s discharge from Safdarjung Hospital. The Division Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, examined the case on July 20.

During the proceeding, the Bench stated that pathology reports should not be the sole determinant of a patient’s condition and must always be evaluated alongside the clinical observations of the patient. The court has mandated that Safdarjung Hospital submit an affidavit detailing all pathology reports produced by Safdarjung Hospital, AIIMS, and a private laboratory, in addition to any health bulletins released regarding Wangchuk’s wellbeing.

The appeal also directs Dr Angmo to provide reports acquired from the private laboratory. The court requested the presence of key medical personnel, including the Director of AIIMS, Dr Akshay, the treating physician at Safdarjung Hospital, and a doctor consulted by Wangchuk’s family for the subsequent hearing.

Concerns Over Medical Process Raised

Senior Advocate Akhil Sibal, representing Dr Angmo, articulated concerns regarding a recent order issued on July 16. He claimed this order merely ensured continuous medical monitoring for Wangchuk during his hunger strike, without granting permission to move him from the location of the protest. Sibal contended that despite medical reports dated July 17 indicating that Wangchuk’s potassium levels were normal, he was taken to Safdarjung Hospital on July 18 without any notice to his family.

Sibal alleged that Wangchuk was removed from the protest site without prior consultation or sharing of medical reports with his family. He stated, “My husband was forcibly taken to Safdarjung Hospital,” depicting the action as unapproved. He further asserted that the family sought copies of Wangchuk’s medical reports repeatedly, but these requests were initially disregarded.

The lawyer also referenced a representation made to Safdarjung Hospital, expressing the family’s desire for Wangchuk’s discharge so that he could be transferred for an independent medical evaluation. Sibal claimed they had to wait almost ten hours for blood samples to be collected for testing, which ultimately confirmed normal potassium levels.

State Responsibilities and Medical Interventions Discussed

During the proceedings, Chief Justice Upadhyaya emphasised the importance of sharing medical reports with the patient’s family, outlining that treatment decisions should not rely exclusively on lab results. He remarked on the necessity of corroborating pathological reports with the clinical condition of patients. The Bench acknowledged that prolonged fasting could potentially stress Wangchuk’s kidneys, prompting requests for his latest medical records before any decisions are made regarding his care.

Solicitor General Tushar Mehta, representing the Union Government, stated the administration’s priority was to safeguard Wangchuk’s life. He underscored the State’s obligation to intervene when a protestor’s health becomes critically at risk, stressing that the situation should not be viewed as a matter of euthanasia but rather as a necessary protective measure.

Mehta informed the court that a doctor from AIIMS had been assigned to Safdarjung Hospital following concerns expressed by Wangchuk about the medical team. He noted that the treating doctors had recommended immediate fluids, either orally or intravenously, but the family had yet to consent to these interventions. Before concluding the hearing, the court stipulated that any necessary medical intervention before the next hearing should be approached in consultation with the Director of AIIMS.

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