HC seeks Sonam Wangchuk's medical docs in transfer plea
New Delhi, July 21 -- 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.
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.
The court also directed that in-charge director of AIIMS and 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.
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. He contended that Wangchuk was removed from the protest site without obtaining the consent of his wife.
Opposing the petition, the Centre, represented by Solicitor General Tushar Mehta, additional solicitor general Chetan Sharma 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....
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