Delhi High Court
Gitanjali J. Angmo vs Union Of India & Ors on 21 July, 2026
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 21.07.2026
+ LPA 539/2026, CM APPL. 45648/2026, CM APPL. 45649/2026 &
CM APPL. 45650/2026
GITANJALI J. ANGMO .....Appellant
Through: Mr. Akhil Sibal, Senior Advocate
with Ms. Bahuli Sharma, Ms. Susan
Maria Mathew, Ms. Ridhi Arora, Mr.
Yoshit Jain, Mr. Suryaansh Kishan
Razdan and Ms. Jahnavi Sindhu,
Advocates along with Appellant-in-
person.
Dr. Satish Lamba and Dr. Nitin
Baban Dighe for Appellant.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Tushar Mehta, Solicitor General
of India, Mr. Chetan Sharma,
Additional Solicitor General of India
with Mr. Ashish K. Dixit, CGSC, Mr.
Umar Hashmi, Mr. Amit Gupta, Mr.
Shubham Sharma, Mr. Naman, Mr.
Ayush Kumar and Ms. Iqra Sheikh,
Advocates for R1, 3 & 4 along with
Dr. Charu Bamba (MS), Dr. Akshay
Kumar (Prof. EMD) and Mr. Arin
Choudhary (Head EMD).
Dr. Nikhil Tandon, Director In-charge
AIIMS with Dr. Akshay Kumar,
Additional Professor, Dr. Manisha B.
Thakur, HOD Medicine, Mr. Nishant
Kumar (IRS), Deputy Secretary and
Signature Not Verified
Signed By:NEELAM
SHARMA
Signing Date:21.07.2026 LPA 539/2026 Page 1 of 7
18:51:15
Mr. Satya Ranjan Swain, Panel
Counsel for AIIMS.
Mr. Sameer Vashisht, Standing
Counsel (Civil) GNCTD with Mr.
Aryaman Vachher, Advocate for R2.
SI Akanksha Bhargava, PS
Parliament Street.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TEJAS KARIA
DEVENDRA KUMAR UPADHYAYA, CJ.(ORAL)
1. Heard Mr. Akhil Sibal, learned Senior Advocate representing the
Appellant, Mr. Tushar Mehta, learned Solicitor General of India along with
Mr. Chetan Sharma, learned Additional Solicitor General of India
representing Respondent Nos. 1, 3 & 4, and Mr. Sameer Vashisht, learned
Standing Counsel representing GNCTD.
2. The instant intra court Appeal has arisen out of an order dated
19.07.2026 passed by the learned Single Judge in W.P.(C) 9770/2026
(“Writ Petition”) instituted by the Appellant. The Writ Petition was filed
with the following prayers:
“a. Issue appropriate writ and declare the continued confinement of
Shri Sonam Wangchuk at Safdarjung Hospital, in isolation and
without access to his counsel or doctors who had been examining
him for the last 20 days, as illegal, unconstitutional and violative of
Articles 19 and 21 of the Constitution of India, and direct his
immediate release/discharge from such confinement;
AND
b. Issue a writ, order or direction directing the Respondents to grant
the Petitioner and her counsel immediate, unrestricted and
continued access to Shri Sonam Wangchuk;
AND
Signature Not Verified
Signed By:NEELAM
SHARMA
Signing Date:21.07.2026 LPA 539/2026 Page 2 of 7
18:51:15
c. Issue a writ, order or direction directing the Respondents to
permit and facilitate the shifting of Shri Sonam Wangchuk to a
hospital/medical centre of the Petitioner’s and his own choice, and
to complete all discharge formalities in that regard forthwith;
AND
d. Issue a writ, order or direction directing the Respondents to
forthwith furnish to the Petitioner complete, accurate and
contemporaneous medical records/reports of Shri Sonam
Wangchuk, whether in digital or physical form, and to continue to
do so on a real-time basis for so long as he remains under medical
care;
AND
e. Restrain the Respondents from administering any medicine, fluid,
or medical intervention of any kind to Shri Sonam Wangchuk
without his free and informed consent, or, in case he is not in a
position to give such consent, without the informed consent of the
Petitioner as his next of kin;
AND
f. Pass such interim orders in terms of prayers (a) to (f) above,
pending final hearing and disposal of this petition, as this Hon’ble
Court may deem fit, having regard to the urgency involved and the
continuing nature of the alleged illegal confinement;”
3. By the order dated 19.07.2026, the learned Single Judge, after hearing
the learned Counsel for the Parties, issued notice and further observed that
no case for interim order was made out at that stage. Learned Single Judge
also required the Parties to file the Status Report / Reply and directed that
the decision in respect of medical condition of husband of the Appellant
shall be taken as per strict medical protocols to ensure his safety. Learned
Single Judge further directed that the medical team shall continuously
monitor the vitals of the husband of the Appellant.
4. This Court, after hearing learned Counsel for the Parties on
20.07.2026, i.e., yesterday, passed the following order:
“1. Heard Mr. Akhil Sibal, learned Senior Advocate representing
the Petitioner, Mr. Tushar Mehta, learned Solicitor General ofSignature Not Verified
Signed By:NEELAM
SHARMA
Signing Date:21.07.2026 LPA 539/2026 Page 3 of 7
18:51:15
India, Mr. Chetan Sharma, learned ASG representing Respondent
Nos. 1, 3 and 4 and Mr. Sameer Vashisht, learned Standing Counsel
representing GNCTD.
2. Having regard to the overall facts and circumstances of the
case as also the submissions made on behalf of the Parties, we
direct that all the pathological reports of the husband of the
Appellant based on the samples analyzed at the laboratories of
Safdarjung Hospital, All India Institute of Medical Sciences
(“AIIMS”) and the private laboratory, shall be filed on an Affidavit
to be sworn in by none other than the Director of the Respondent
No. 4 – hospital.
3. The Appellant shall also file the pathological reports based
on analysis of the blood or urine samples of the Appellant’s husband
which are said to have been conducted at some private laboratory.
These reports will include today’s sample’s analysis also.
4. We request that the In-charge Director of AIIMS and Dr.
Akshay, Additional Professor, Emergency Medicine, AIIMS shall be
present tomorrow for our assistance. The doctor, whom the
Appellant has been consulting, may also be present during the
course of hearing tomorrow.
5. It is further directed that Respondent No. 4 – hospital while
filing the Affidavit under this Order, shall also bring on record all
the medical / health bulletins issued from time to time in respect of
the health condition of the husband of the Appellant.
6. List on 21.07.2026 at 12:30 PM. ”
5. In deference to the said order dated 20.07.2026, Dr. Nikhil Tandon,
In-charge Director of All India Institute of Medical Sciences, Delhi
(“AIIMS”) and Dr. Akshay Kumar, Additional Professor, Emergency
Medicine, AIIMS are present.
6. The Court, in its order dated 20.07.2026, had permitted the doctor,
whom the Appellant has been consulting, to be present. Accordingly, Dr.
Satish Lamba is also present.
Signature Not Verified
Signed By:NEELAM
SHARMA
Signing Date:21.07.2026 LPA 539/2026 Page 4 of 7
18:51:15
7. Two sets of documents have been filed on behalf of the Appellant.
One set of documents contains medical reports based on the analysis of
blood and urine samples of husband of the Appellant, which was conducted
at a private laboratory, namely, Oncquest Laboratories. The other set of
documents submitted today contains certain statements of husband of the
Appellant and a communication made by the officiating Medical
Superintendent of Vardhman Mahavir Medical College and Safdarjung
Hospital, New Delhi (“Safdarjung Hospital”), dated 20.07.2026. Both sets
of documents are taken on record.
8. An Affidavit, sworn in by the Director of Safdarjung Hospital has also
been filed. The said Affidavit is also taken on record.
9. The documents and Affidavit filed by the Parties have been
exchanged amongst themselves. Dr. Tandon, In-charge Director, AIIMS,
and Dr. Akshay have perused different medical reports based on the analysis
of blood and urine samples of husband of the Appellant analysed at
Safdarjung Hospital, AIIMS and also at private pathological laboratories.
10. We have also interacted with all the three doctors present today. On
interaction with them, what we find is that certain concerns have been
expressed by the doctors primarily relating to low Total Leucocyte Count
(TLC) and the Potassium level in the blood sample of husband of the
Appellant. There appears to be a consensus that the husband of the
Appellant needs constant and continuous monitoring by medical experts.
11. At present, husband of the Appellant is being treated at Safdarjung
Hospital, however, Mr. Sibal, learned Senior Counsel appearing for the
Signature Not Verified
Signed By:NEELAM
SHARMA
Signing Date:21.07.2026 LPA 539/2026 Page 5 of 7
18:51:15
Appellant has raised an argument regarding alleged violation of the
fundamental rights of husband of the Appellant enshrined under Articles 19
and 21 of the Constitution of India, 1950 (“Constitution”).
12. Having regard to the submissions made by learned Counsel for the
Parties and the opinions given and concerns expressed by the doctors
present, we are of the opinion that husband of the Appellant ought to be
shifted to a hospital of his choice. During the hearing of this matter before
this Court yesterday as also today, on behalf of the Appellant it has been
stated that husband of the Appellant can be medically taken care of at
Medanta Hospital, Gurugram (“Medanta Hospital”), which is the hospital
of his choice.
13. We are also of the opinion that in case husband of the Appellant is
shifted to Medanta Hospital, that will be in fulfilment of the requirements of
ensuring his fundamental rights enshrined not only under Article 19 but also
under Article 21 of the Constitution.
14. Mr. Mehta, learned Solicitor General of India has stated that the
Respondents will have no objection to hospitalisation of the husband of the
Appellant in Medanta Hospital.
15. In view of the aforesaid, we, accordingly, direct that the husband of
the Appellant shall immediately be shifted to Medanta Hospital. The
Director of Medanta Hospital shall form a team of doctors having requisite
expertise, which shall constantly monitor the medical condition of the
husband of the Appellant and shall also administer the medication, as may
be required in their opinion, as per the established medical norms /
protocols. Husband of the Appellant shall abide by the line of treatment and
Signature Not Verified
Signed By:NEELAM
SHARMA
Signing Date:21.07.2026 LPA 539/2026 Page 6 of 7
18:51:15
advice of the team of doctors, who would be attending him at Medanta
Hospital.
16. So far as access to the Appellant to her husband during the course of
his hospitalization at Medanta Hospital is concerned, in addition to the
medical protocol in this regard which is being observed at Medanta
Hospital, she shall be allowed to visit her husband as and when she desires.
17. The instant Appeal is disposed of in the aforesaid terms. Pending
Applications, if any, also stand disposed of.
18. With the consent of learned Counsel for the Parties, the Writ Petition
being W.P.(C) No. 9770/2026 along with the pending applications, if any,
also stands disposed of. The date already fixed, i.e., 24.07.2026 in the Writ
Petition, accordingly, stands cancelled.
19. Before parting, we may place our appreciation on record to the
Doctors from AIIMS present today and Dr. Lamba for providing requisite
assistance to the Court.
20. A copy of this Order shall be kept on the paper book of the Writ
Petition.
DEVENDRA KUMAR UPADHYAYA, CJ
TEJAS KARIA, J
JULY 21, 2026/sms
Signature Not Verified
Signed By:NEELAM
SHARMA
Signing Date:21.07.2026 LPA 539/2026 Page 7 of 7
18:51:15
