Bombay High Court
Mrs. Farzana Ali Ahmed Sayyed vs State Of Maharashtra Through The Prin. ... on 13 February, 2020
Author: Sarang V. Kotwal
Bench: K.K. Tated, Sarang V. Kotwal
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507.wp.1560-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition NO. 1560 OF 2020
Mrs. Farzana Ali Ahmed Sayyed ...Petitioner
Versus
State Of Maharashtra ...Respondent
....
Ms. Megha Bajoria, Advocate for the Petitioner.
Smt. P.J. Gavhane, AGP, for the Respondent - State.
....
CORAM : K.K. TATED &
SARANG V. KOTWAL, JJ.
DATE : 13th FEBRUARY, 2020 P.C.
1. Not on board. Considering the urgency, taken on the production board.
2. The Petitioner has approached this Court mainly for the permission to undergo medical termination of pregnancy at a medical facility of her choice.
3. It is the case of the petitioner that at present she is in 23 rd week of her pregnancy. During the medical examination, it was revealed that the fetus is suffering from congenital anomalies. The medical opinion of a private doctor records thus :
" A single live fetus is seen in variable presentation. A multi-septated cystic lesion/Fluid collection is seen in the lower abdomen pelvic region mainly on the left side. (This may represent a muconium 1/3 ::: Uploaded on - 13/02/2020 ::: Downloaded on - 09/06/2020 06:41:24 ::: 2
507.wp.1560-20.odt peritonitis/Pseudocyst formation). Fetal bowel appears echogenic.
A small echogenic heart focus is noted in the fetal left heart.
The Patient specific corrected risk for trisomy 21 is in the high risk zone.(1:51).
Karyotyping and Amniotic fluid TORCH analysis is suggested."
4. Learned Counsel for the Petitioner, therefore, submits that the child if born will be put to high risk for survival.
5. Considering the submissions, it is necessary to refer the Petitioner for medical examination to be conducted by the Medical Board constituted for this very purpose.
6. Since the pregnancy has advanced to 23rd week, permission of this Court is necessary pursuant to various judgments passed by the Hon'ble Supreme Court and this Court. Hence, the following order :
i. The Petitioner shall report to the Medical Board constituted for this purpose at Sir J.J. Group of Hospitals, Mumbai tomorrow i.e. on 14th February, 2020 at 11:00 a.m. ii. The Medical Board shall conduct her medical examination and give its specific opinion as to whether the medical termination of pregnancy is advisable in consonance with the requirements of the Medical Termination of Pregnancy Act, 1971.2/3 ::: Uploaded on - 13/02/2020 ::: Downloaded on - 09/06/2020 06:41:24 ::: 3
507.wp.1560-20.odt iii. The Medical Board shall forward its report and opinion to this Court on or before 17th February, 2020.
iv. Matter be placed on board on 18th February, 2020 at 2:45 p.m. in Chambers.
v. Parties to act on the authenticated copy of this order.
vi. Learned A.G.P. is directed to inform the Medical Board in respect of this order.
(SARANG V. KOTWAL, J.) (K.K. TATED, J.) Deshmane (PS) 3/3 ::: Uploaded on - 13/02/2020 ::: Downloaded on - 09/06/2020 06:41:24 :::