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Delhi High Court - Orders

Gurvinder Singh And Anr vs Government Of Nct Of Delhi And Ors on 13 May, 2022

Author: Yashwant Varma

Bench: Yashwant Varma

                          $~18
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(C) 15159/2021
                               GURVINDER SINGH AND ANR.                           ..... Petitioner
                                                Through: Mr. D K Goswami, Sr. Adv. with
                                                             Mr.Kuldeep Singh and Mr.Dhruv
                                                             Shrivastav, Advs.
                                                versus
                               GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents
                                                Through: Mr.Satyakam, ASC for R-1.
                                                             Mr.Subhash Kumar and Mr.Anurag
                                                             Bindal, Advs. for R-3.
                               CORAM:
                               HON'BLE MR. JUSTICE YASHWANT VARMA
                                                ORDER

% 13.05.2022

1. The instant writ petition has been preferred for directions being framed requiring the respondent Medical Institution to release the frozen semen samples which are presently stored and preserved in the IVF lab of the respondent No.3. Learned counsel appearing for the said Institution states that presently no codified policy has been formulated by the Hospital to deal with prayers like the present.

2. It becomes relevant to note that the petitioners are the parents of the deceased whose semen samples had been preserved while he was undergoing treatment for cancer. The prayer for release of the samples is made by the petitioners in the capacity of being the parents of the deceased. It is additionally urged that the respondent hospital cannot validly retain the samples bearing in mind that it would constitute and comprise of personal genetic data.

3. Consequently, let the respondent No.3 place the affidavit of a responsible officer who may explain to the Court its position in respect of Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:14.05.2022 14:16:18 prayers made .

4. List again on 30.05.2022.

YASHWANT VARMA, J.

MAY 13, 2022/bh Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:14.05.2022 14:16:18