(Anil R. Dave and Kurian Joseph, JJ.)
2015 SCC OnLine SC 668
Chandrakant Jayantilal Suthar v. State of Gujarat
Supreme Court of India
Record of Proceedings
Chandrakant Jayantilal Suthar & Anr ___________ Petitioner(s);
Versus
State of Gujarat _____________________________ Respondent.
For Petitioner(s) Ms. Kamini Jaiswal, Adv. Mr. Abhimanue Shreshta, Adv. Ms. Shilpi Dey, Adv.
For Respondent(s) Ms. Jesal, Adv. For Ms. Hemantika Wahi, Adv.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6013/2015 (Arising out of impugned final judgment and order dated 23/07/2015 in SCRLA No.4255/2015 passed by the High Court Of Gujarat At Ahmedabad) (With appln.(s) for exemption from filing c/c of the impugned judgment and exemption from filing O.T.), decided on July 28, 2015
The Order of the court was delivered by
This petition was called on for hearing today.
UPON hearing the counsel the Court made the following
Order
Issue notice by speed post, returnable on 4 th August, 2015.
Looking at the peculiar facts of the case, a request was made to the standing counsel for the State of Gujarat to appear in the matter.
Signature Not Verified
Ms. Jesal, learned counsel, appearing on behalf of
Digitally signed by
Sarita Purohit
Date: 2015.07.28
16:46:52 IST
Ms. Hemantika Wahi, learned Advocate-on-Record, waives Reason:
service of notice for the respondent-State.
Looking at the peculiar facts of the case, we direct that Ms. Maitri Chandrakant Suthar shall be examined by three senior most available Gynecologists of the Civil Hospital, Ahmedabad at Asarwa, along with Dr. Riddhi Ketan Shukla, who had examined Ms. Maitri on 25th July, 2015 and also by a Clinical Psychologist attached to the Civil Hospital.
The afore-stated team of doctors shall examine Ms. Maitri and after having an interaction with her, shall decide whether there is a serious threat to her life, if the child is not aborted.
If the team of the afore-stated doctors is of the view that termination of the pregnancy is immediately necessary to save life of Ms. Maitri, the concerned doctor of the Civil Hospital shall perform necessary surgery, if the petitioner and Ms. Maitri desire to go through to such abortion, without taking any permission from this Court. If there is no unanimity among the doctors, majority view of the doctors shall prevail. In case of abortion, the hospital authorities shall take necessary tissue from the fetus for DNA identification.
Intimation of this order shall be sent to the Medical Superintendent of the Civil Hospital, Ahmedabad, at Asarwa, forthwith by the Registry. The learned counsel appearing for the State shall also give intimation of this order to the Superintendent of the Civil Hospital, Ahmedabad, that if Ms. Maitri approaches the Civil Hospital on 29th July, 2015, necessary arrangements for her stay as an Indoor-patient shall be made by him so that on 30th July, 2015 around 11.00 a.m. or at the time suitable to the afore-stated doctors, she can be examined.
Intimation of this order shall also be given to Dr. Riddhi Ketan Shukla by the learned counsel for the petitioner. If, for any reason, Dr. Riddhi Ketan Shukla can not remain present, the remaining four doctors shall examine Ms. Maitri and act as per this order.
List the matter on 4th August, 2015, so as to know further progress in the matter.
(Sarita Purohit)(Sneh Bala Mehra)
Court MasterAssistant Registrar
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