The Delhi High Court on Wednesday sought responses from the Central and Delhi governments on a public interest litigation (PIL) seeking urgent medical intervention for climate activist Sonam Wangchuk, who has been on an indefinite hunger strike at Jantar Mantar since June 28.
A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia termed the matter urgent and posted it for hearing on July 16 after noting that no one was present on behalf of the Union Government. The court also directed that copies of the petition and its order be served on the law officers representing the Centre and the Delhi government, Live Law and Bar & Bench report.
"We are entertaining the petition. We will post the matter tomorrow itself and require the Union of India to seek instructions," the bench remarked.
Court steps in as health concerns grow
The PIL, filed by activist-lawyer Rakesh Kumar Saini, seeks directions to the Centre and the Delhi government to shift Wangchuk to a government hospital and provide medical treatment, including force-feeding, to save his life.
"Having regard to the urgency, list tomorrow. Let copy of this order be served to the learned Additional Solicitor General and standing counsel (civil), GNCTD," the court said.
Appearing in person, Saini argued that Wangchuk was exercising his fundamental right to protest and that his condition required immediate intervention.
"A social and human rights activist who is on protest in exercise of his fundamental rights against a highly unpopular and highly criticised government action. He is virtually committing harakiri, the famous Japanese term of taking one's own life, in front of the whole nation," Saini submitted.
According to the petition, Wangchuk's health has deteriorated rapidly during the hunger strike. It claims he has lost 8.5 kg and could lose his life within two days if the fast continues. The plea states that his death would be "a matter of great shame for the country and the world".
Plea questions government's response
The petition alleges that the government is treating Wangchuk "like a hardcore criminal, terrorist or traitor to the nation" and has failed to provide him with adequate medical care.
"The simple thing to be done is to take him to a government hospital and force feed him the necessary nutrients, vitamins and minerals by way of a liquid diet which are necessary for the human body to survive," the plea states.
It further says that while people have begun alleging "the conscience of the nation is dead", "the petitioner is sure that the conscience of courts is not dead".
Wangchuk joined protests organised by the Cockroach Janta Party (CJP) at Jantar Mantar on June 28 and has remained on an indefinite hunger strike, demanding Union Education Minister Dharmendra Pradhan's resignation over alleged question paper leaks and irregularities in the education system, including the NEET paper leak.
The CJP, which began as an online satirical movement founded by Dipke, a resident of Boston, US, has been protesting since June 20. The collective uses political satire to highlight issues such as unemployment, institutional accountability and media freedom.
The High Court's decision to hear the matter on priority signals judicial concern over the activist's deteriorating health, even as the petition raises larger questions about the state's responsibility towards protesters undertaking life-threatening forms of dissent.
