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The Delhi High Court on Monday declined 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, observing that the petitioner was only seeking a declaration that the action was illegal, which did not warrant immediate hearing.
The PIL was mentioned before a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia. Appearing in person, the petitioner submitted that the police action of shifting Wangchuk from the protest site to Safdarjung Hospital was unconstitutional and violated his fundamental rights under Articles 14 and 19 of the Constitution. "My prayer is that whatever action was taken by the police officials in removing Wangchuk Sir from the protest site to the hospital was illegal because it violates Articles 14 and 19," the petitioner told the Bench. Questioning the urgency, Chief Justice Upadhyaya remarked, "What is the urgency? That can be declared illegal even on Wednesday. You are seeking a declaration that can be made the day after tomorrow also." The petitioner further argued that the PIL was not confined to Wangchuk alone but also sought constitutional protection for other protesters, alleging that police were harassing those participating in the demonstration and that several lives were at risk. "We are seeking constitutional protection of the protesters. Harassment is being done by the police on protesters. A lot of lives are in danger," the petitioner submitted. The Bench, however, declined the request for urgent listing and said the matter would be taken up on Wednesday. Sonam Wangchuk has been on an indefinite fast at Jantar Mantar along with supporters, pressing for constitutional safeguards and other demands concerning Ladakh. Following concerns over his deteriorating health after a prolonged hunger strike, he was shifted by authorities to Safdarjung Hospital, where he continues to remain under medical supervision. On Sunday, a Single Judge of the Delhi High Court declined 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 attending medical team while recording the Centre's assurance 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. (ANI)
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