The Delhi High Court agreed to hear on Monday the appeal filed by Gitanjali J Angmo against a single bench order that refused to interfere with the treatment of her husband, Sonam Wangchuk, who is admitted at Safdarjung Hospital.
The counsel appearing for Angmo mentioned the appeal -- challenging the Sunday order -- for urgent listing before a bench of Chief Justice D K Upadhyaya and Justice Tejas Karia.
"Alright. Today," the HC bench said.
Senior Advocate Akhil Sibal, appearing for Angmo, submitted that the single judge "misinterpreted" the bench's July 16 order asking the authorities to monitor Wangchuk and medically intervene if necessary.
Sibal said Wangchuk was forcibly picked up by police from Jantar Mantar and now seeks to be transferred from Safdarjung Hospital to a hospital of his choice.
"Autonomy can't be taken away," Sibal said, emphasising that one is entitled to medical treatment of one's choice.
Solicitor General Tushar Mehta appeared on behalf of the authorities and requested whether the matter could be taken up either at 3.30 pm or on Tuesday.
The bench said the appeal was likely to be taken up at 2.30 pm.
In her appeal, Angmo contended that the single judge's Sunday order illegally confines Wangchuk to Safdarjung Hospital without any arrest and effectively directs that neither the activist nor his wife has decisive authority in determining his medical treatment.
The appeal said the order does not address "informed consent" or one's right to accept or reject any medical treatment.
In a special Sunday hearing, Justice Mini Pushkarna had refused to interfere with Wangchuk's treatment at Safdarjung Hospital here, stating that the government's removal of the fasting activist from Jantar Mantar to a government hospital cannot be called arbitrary.
The single judge had opined that no interim order to immediately transfer the activist was required at this stage.
The observation came on a petition filed by Angmo seeking permission to shift him to a private facility.
The order said Safdarjung doctors were closely monitoring the activist, and it could not be said that any force was being used against him in violation of his bodily integrity.
Taking note of the high court's July 16 order directing the authorities to monitor Wangchuk's health and medically intervene if necessary, Justice Pushkarna observed that since Wangchuk did not check himself into any hospital facility, the government was "within its right" to take him to Safdarjung in view of his medical condition.
"It is to be noted that the ultimate decision with regard to the medical condition of Mr Wangchuk would be monitored by the medical team attending him, which shall take a decision as per the medical protocol," the single judge had added.
Angmo had sought an urgent hearing on her petition on Sunday.
Delhi Police whisked Wangchuk away from the protest site at Jantar Mantar and forcibly shifted him to Safdarjung Hospital on the 21st day of his hunger strike on Saturday.
Wangchuk has been on a hunger strike since June 28 over alleged irregularities in competitive examinations and the deaths of several students linked to the NEET paper cancellation earlier.
(With inputs from PTI)
