Angmo, in her petition, is seeking the court’s directions to declare Wangchuk’s continued confinement at Safdarjung Hospital as “unconstitutional” and to permit his immediate discharge and facilitate his transfer to a hospital or medical facility of his and Angmo’s choice.

Allegations of ‘pretextual’ detention

Angmo has alleged that “taking undue advantage” of the Delhi High Court’s July 15 order “as a colourable pretext” to remove Wangchuk from the protest site at Jantar Mantar “without free and informed consent” of Wangchuk.

On July 15, the Delhi High Court simply directed that Wangchuk’s health condition be monitored by government doctors and that appropriate medical action be taken as per the doctor’s advice.

Angmo has outlined in her petition that following Wangchuk’s admission at Safdarjung Hospital, he has been “kept in a solitary manner, ostensibly under the pretext of medical treatment”.

Though Angmo was granted access to Wangchuk, “Wangchuk’s access to his lawyer and his treating doctors was arbitrarily denied, in complete disregard of his rights and those of his family,” the petition states.
Wangmo was also arbitrarily denied the use of her phone or any other electronic devices while meeting her husband, she has stated.

Discrepancy in medical reports

Before moving court, Angmo had written to the medical superintendent of Safdarjung Hospital, recording that “no oral or intravenous substance or fluid be administered” to Wangchuk without her consent. She had also flagged that the drop in Wangchuk’s potassium levels, as informed to her by the hospital, “is unusual, concerning and warrants to be verified,” since the night before his potassium levels were normal.

Low potassium levels can impact muscle and nerve function of the body. It is Angmo’s case that she was given a blood sample nearly 10 hours after her request on July 15 for independent testing, and subsequently the hospital has refused to share Wangchuk’s medical reports “either digitally or physically,” compelling Angmo to seek Wangchuk’s discharge on account of the “lack of transparency” by the hospital.

Notably, the independent testing of his blood potassium levels has been recorded at “3.6 mg (normal level) rather than the earlier claimed level of 2.9 mg,” Angmo has further pointed out in her petition.

In her petition, Angmo has said that a judicial order “cannot be interpreted or implemented in a manner that dilutes or extinguishes an individual’s inalienable fundamental rights”. She has also pointed out that such a judicial order, which “merely contemplated medical monitoring and intervention, if clinically warranted”, cannot be read as “authorising the forcible removal of Shri Sonam Wangchuk from the protest site”.

“The expressions “monitoring”, “medical intervention” or “treatment’ cannot be enlarged by the executive into an unqualified power of forcible restraint and treatment,” Angmo has emphasised.

“Moreover, it does not in any manner warrant his continued confinement in a hospital, denial of access to his legal counsel or doctors who had been examining him for the last 20 days or curtailment of his bodily autonomy,” Angmo has pointed out.