The Delhi High Court on Monday refused to urgently list a public interest litigation (PIL) challenging the removal of climate activist Sonam Wangchuk from the Jantar Mantar protest site to Safdarjung Hospital, stating that the petitioner was only seeking a declaration that the action is illegal, which does not require immediate hearing.
The PIL was mentioned before a division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia.
The petitioner, who appeared in person, asserted that the action taken by the police to transfer Wangchuk from the protest site to Safdarjung Hospital was unconstitutional and violated his fundamental rights under Articles 14 and 19 of the Constitution.
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“My contention is that any action taken by police officials to transfer Wangchuk Sir from the protest site to the hospital was illegal as it violated Articles 14 and 19,” the petitioner told the court.
Chief Justice Upadhyaya questioned the urgency of the matter, saying: “What is the urgency? This can be declared illegal even on Wednesday. You are seeking a declaration that can be made the day after tomorrow as well.”
The petitioner further argued that the PIL was not limited to Wangchuk alone, but also sought constitutional protection for other protesters, alleging that the police were harassing the demonstration participants and that many lives were at risk.
“We are seeking constitutional protection for the protesters. The police are harassing the protesters. There are too many lives at risk,” the petitioner said.
However, the council rejected the urgent listing request and said the matter would be discussed on Wednesday.
Sonam Wangchuk was on an indefinite fast at Jantar Mantar with his supporters, to press for constitutional safeguards and other demands related to Ladakh. Following concerns about his deteriorating health after a long hunger strike, the authorities transferred him to Safdarjung Hospital, where he remains under medical supervision.
HC refuses to transfer Wangchuk
On Sunday, a single judge of the Delhi High Court refused to direct Wangchuk’s transfer to a private hospital, observing that the government’s decision to shift him to Safdarjung Hospital was taken to protect his life and did not, prima facie, violate his personal liberty. The court held that the assessment of his medical condition and treatment should be left to the treating medical team while recording the center’s confirmation that his medical reports would be shared with his family.
Separately, Wangchuk’s wife, Dr Gitanjali Angmo, has challenged the single judge’s order before a division bench of the Delhi High Court, which is scheduled to hear her appeal later today.
