Delhi High Court - Orders
Smt. Kiran Singla And Ors vs The State (Nct) Of Delhi on 9 February, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2529/2022, CM Nos. 7237/2022 & 7238/2022
SMT. KIRAN SINGLA AND ORS.
..... Petitioners
Through: Mr. Mahesh Tiwari, Adv.
versus
THE STATE (NCT) OF DELHI
..... Respondent
Through: Ms. Shobhna Takiar, ASC
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 09.02.2022 This matter is being heard through video-conferencing. CM Nos. 7237/2022 & 7238/2022 (for exemption) Exemptions allowed subject to all just exceptions.
Applications stand disposed of.
W.P.(C) 2529/2022
1. This petition has been filed by the petitioners with the following prayers:
"In view of the above facts and circumstances as placed, it is therefore most humbly and respectfully prayed this Hon'ble Court, may kindly be pleased to:
a) Issue a writ, order or direction in the nature of mandamus or any other Writ thereby appointing petitioner no.1, namely Smt. Kiran Singla W/o Sh. Subhash Chander Singla as the guardian of her husband (Sh. Subhash Chander Singla) who is lying in the comatose state since last 4 years to protect his interest, manage movable and immovable properties, administer bank Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:12.02.2022 15:24:38 accounts, investments, proprietorship business, etc. and in the event of necessity, to sell the immovable property standing in the name of her husband and to use the proceeds towards medical treatment of her husband and family welfare expenses.
b) Appoint the petitioner no.1 Smt.Kiran Singla W/o Sh.
Subhash Chander Singla as the guardian of her husband who is in a comatose condition, vested with the property of her husband Sh. Subhash Chander Singla to do all acts, deeds and things for the proper medical treatment, nursing care, welfare and benefit of the Subhash Chander Singla and his children and power to do all acts, deeds and things with respect to assets and properties of the Subhash Chander Singla including:
(i) operate Bank Accounts in the name of Subhash Chander Singla (ii) deals with the shares, bonds, debentures in the name of Subhash Chander Singla (iii) invest the monies to earn optimum returns thereon (iv) utilise the monies for proper upkeep and for fulfilling the needs of Subhash Chander Singla and his children (v) represent the Subhash Chander Singla before all persons / authorities / bodies (vi) sign wherever required as guardian of Subhash Chander Singla including for discharging any person/authority/body/from duty/obligation/liability owed to Subhash Chander Singla (vii) take possession and charge of all properties movable or immovable to Subhash Chander Singla (viii) take action in law to protect interest of Subhash Chander Singla (ix) sign all deeds, documents, cheques as guardian of Subhash Chander Singla (x) petitioner may also be entitled to incur expenses for the family welfare purposes including marriage of her son who is petitioner no.4 in this petition.
c) Allow the petitioner no.1 to take her husband Sh. Subhash Chander Singla to USA for his further treatment/ better treatment, in. case of need arises or situation so demands.
d) Pass any other further order/s as this Hon'ble court may deem fit and proper under the facts and circumstances of the case in the interest of justice."Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:12.02.2022 15:24:38
2. There are four petitioners, the petitioner Nos.2 to 4 are being represented by Kiran Singh, petitioner No.1 (for herself) and in her capacity as their attorney. The Special Power of Attorney executed by petitioner Nos. 2 to 4 in favour of petitioner No.1 are also annexed with the petition which say that their mother Kiran Singla w/o Subhash Chander Singla is appointed / nominated / constituted as their attorney. The petition is supported by the affidavits of petitioner Nos.2 to 4 duly attested by a notary in the United States of America.
3. It is the case of the petitioners that the petitioner No.1, namely Kiran Singla, be appointed as guardian of her husband, i.e., Subhash Chander Singla, who has been lying in a comatose state for the past four years, in order to protect his interests and manage his assets and have prayed the reliefs as noted above. The petitioner Nos. 2 to 4 are the children of petitioner No.1 and her husband Subhash Chander Singla, and are presently residing in the United States of America. Petitioner No.2 is their elder married daughter, petitioner No.3 is their younger married daughter, and petitioner No.4 is their unmarried son, presently working on H1-B Visa in the United States of America. This petition has been jointly filed by the petitioners to state that there is no dispute amongst the legal heirs of Subhash Chander Singla and they are praying in unison that petitioner No.1 be appointed as his guardian.
4. It is stated that on January 31, 2018, Subhash Chander Singla, aged 68 years, became ill and subsequently, his responsiveness decreased. The family doctor was called in, who provided some medicines. Thereafter, at 9 PM, he suffered a severe brain stroke, and was taken to the hospital, where he was diagnosed with SAH with Ruptured Acom Aneurysm in his brain, Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:12.02.2022 15:24:38 which burst, resulting in internal bleeding in his head. He had to undergo two head surgeries, after which he was shifted to Neuro ICU. During the surgeries, an internal neurological shunt (a drain tube) which drains excess brain fluid into the stomach was surgically installed. Though, there was no satisfactory recovery, on the advice of the treating doctor, he was discharged from the hospital on February 26, 2018 and was taken home. However, he was not in a position to eat, walk, write or follow any commands. In other words, he was in a comatose state. During this time, as per the advice of the treating doctor, the process of treatment of brain haemorrhage was started. On March 18, 2019 he was taken to Fortis Memorial Hospital, Gurugram for treatment where as per the advice of the doctor, a third head surgery was conducted on March 19, 2019. During this surgery, his internal brain shunt (drain tube) was replaced with another, more durable internal shunt. This procedure was conducted because his condition had not improved even after two surgeries. On March 22, 2019 he was discharged from the hospital.
5. It is submitted that even after four years there is no improvement of any kind to the situation, and he is still in a comatose state. The treating doctors have no definite answer as to when his condition would improve and he would come out of comatose state. He is in a vegetative and unconscious state and has no orientation regarding time and place and is not responding even to pain stimuli. He is also unable to recognise the people around him and is not in a position to make any signatures or perform any other physical activity. On the advice of the doctors that continuous supportive treatments have to be done in such circumstances, a room in the house of the petitioners has been converted into a ward / care room and the petitioners have arranged nursing staff for the care and comfort of Subhash Chander Singla. It is stated Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:12.02.2022 15:24:38 that the petitioner No.1 along with a domestic help is taking care of him round the clock. The petitioners urge that this has been an emotional and financial ordeal for the family, and the cost of three surgeries in the past four years, along with daily physiotherapy sessions have been paid for using the savings of Subhash Chander Singla, which now stand depleted. They have enumerated the costs of treatment, provided as under:
i. ₹ 25 Lacs on first surgery.
ii. ₹ 5 Lacs on second surgery
iii. ₹ 35 Lacs (₹3.5 Lacs x 10 months) expenses for the year
2018
iv. ₹ 30 Lacs (₹2.5 Lacs x 12 months) expenses for the year
2019
v. ₹ 30 Lacs (₹2.5 Lacs x 12 months) expenses for the year
2020
vi. ₹ 24 Lacs (₹2 Lacs x 12 months) expenses for the year
2021
6. The petitioners have submitted that the petitioner No.1, having incurred huge expenses with the treatment and having exhausted her financial resources, is now in a state of despair and is undergoing agony, stress and depression on account of the condition of the victim, who is in a vegetative state and as such, they are compelled to approach this Court for appointing the petitioner No.1, w/o Subhash Chander Singla to be his guardian. It is submitted that the petitioners are looking to sell some of the immoveable property which are in the name of the Subhash Chander Singla to meet the medical expenses along with other expenses for domestic help and nursing staff.
7. It is submitted that Subhash Chandra Singla was carrying on a business of a Sole Proprietorship in the name and style of S.S. Associates Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:12.02.2022 15:24:38 which deals with the import of non-ferrous metal scrap, having its office at G-9, Pankaj Plaza-1, Community Centre, Karkardooma, Delhi, 110092, till he suffered the brain stroke on January 31, 2018. He also owns a warehouse at A-2, Mandoli Industrial Area, Mandoli, Delhi, 110093. The details of property in the name of Subhash Chander Singla provided by the petitioners are reproduced as under:
"i) Warehouse at A-2 Mandoli Industrial Area, Mandoli Delhi-110093 Measuring about 1000 Sq.yards (2 units of 500 Sq.yards each), expected Market Value Rs.1,25,00000/- (One Crore Twenty Five Lakhs)
ii) Office at G-9, Pankaj Plaza-1, Community Centre Karkardooma, Delhi-110092, Measuring about 312 Sqft, expected Market Value Rs. 2500000/- (Twenty Five Lakhs).
ii) Plot at 256 pocket no.II, Block A, Sector 30, Rohini, Delhi-110039. Measuring about 32 Sq.meters, expected market value Rs.2500000/- (Twenty Five Lakhs).
iv) Land in the village at Punjab (details are below) As per Jamabandi 2019-2020 Village: Gidderbaha 2 Tehsil: Gidderbaha Distt: Sri Muktsar Sahib State:
Punjab Hadbast No.: 7 Khewat No. 689/674 Khatoni No. : 982 Khasra & Murabba No.237 // 1/2, 237 // 10, 237 // 11/1/1, 238 //4, 238 // 5, 238//6/1, 238// 7/17 Plots. Total Area: 38 Kanal 8 Marla Owner: Subhash Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:12.02.2022 15:24:38 Singla, expected market value Rs.50,00000/- (Fifty Lakhs).
v) Land in Punjab in partnership with Brother Dr. Sudharshan Singla (details below refer to the total land) As per Jamabandi 2018-2019 Village: Husner Tehsil:
Gidderbaha Dist: Sri Muktsar Sahib State Punjab Hadbast No.: 17 Khewat No. 119/2- 1117 Khatoni No. 2170 Khasra & Murabba No. 177 // 17/5 24/2 Area 1 Kanal 19 Marla Share Subhash Chander Singla 1/2.= 0 Kanal 19.50 Marla, expected market value Rs.50,00000/-. (Fifty Lakhs).
The following bank accounts and insurance policies are in the sole name of Subhash Chander Singla, details of which are as under:
a. LIC Policy- 131966646.
b. Axis Bank A/c no.372010100034229 at Aditya Corporate Plaza, Karkardooma, Delhi.
c. HDFC Bank A/c no.13501000020712 at Preet Vihar Aditya Complex, Delhi d. Oriental Bank of Commerce Bank A/c no.07672010001650, at Suraj Mal Vihar, Delhi."
8. It is submitted that there is no law, provision, enactment or legislation in India regarding the appointment of a guardian for a person who is in a comatose state, unlike the appointment of guardians for minors and persons with other multiple disabilities or mental illness, for which legislations exist.
9. The petitioners submitted that even though the husband of the Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:12.02.2022 15:24:38 petitioner No.1 has the above-mentioned properties in his name, the petitioners are not in a position to deal with the same due to legal hurdles. It is also stated that the petitioners have even resorted to borrowing money from relatives and friends for the treatment of Subhash Chander Singla. It is the prayer of the petitioners that due to their precarious financial condition, Kiran Singla, the petitioner No.1, be appointed the guardian of her husband and be vested with his properties to do all acts, deals, and things for the proper medical treatment, nursing care, welfare, and benefit of the Subhash Chander Singla and his children, and also power to do all acts, deeds and things with respect to assets and properties of Subhash Chander Singla including: (i) operate the bank accounts in his name (ii) deal with the shares, bonds, debentures in his name (iii) invest the monies to earn optimum returns thereon, (iv) utilise the monies for proper upkeep and for fulfilling the needs of Subhash Chander Singla and his children, (v) represent him before all persons/authorities/bodies, (vi) sign wherever required as the guardian of Subhash Chander Singla, including signatures for discharging any person/authority/body from duty/obligation/liability owed to him (vii) take possession and charge of all his properties, movable or immovable
(viii) take action in law to protect his interests (ix) sign all deeds, documents and cheques as his guardian (x) incur expenses for family welfare purposes including marriage of his son, who is petitioner No.4 in this petition.
10. Mr. Manish Tiwari, learned counsel for the petitioners, has also relied upon the Judgments of the Kerala High Court in the case of Shobha Gopalakrishnan & Ors. vs. State of Kerala & Ors. (2019) SCC Online Ker 739; the Allahabad High Court in the case of Uma Mittal & Ors. v. Union of India & Ors. Writ-C-No.-40096 of 2019 dated June 15, 2020; and a Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:12.02.2022 15:24:38 Coordinate Bench of this Court in the case of Vandana Tyagi & Anr. v. Government of National Capital Territory of Delhi (GNCTD) & Ors. W.P.(C) 11003/2019 dated January 7, 2020 in support of the case pleaded.
11. I have perused the Judgment of this Court wherein relevant guidelines have been laid down in paragraph 36. Noting the position of law, I deem it appropriate to issue notice. Ms. Shobhna Takiar, ASC, accepts notice for the respondent. As she says the concerned SDM where Subhash Chander Singla is residing / lying in comatose state is not party in the proceedings, I direct that the petitioners shall implead the concerned SDM as a party respondent. Ms. Takiar, ASC, accepts notice for the SDM also. Amended memo of parties shall be filed within four days. The SDM concerned shall carry out an enquiry to establish the veracity of the assertions and gather material particulars concerning the petitioners herein, who have approached this Court for appointment of petitioner No.1 as guardian of Subhash Chander Singla. The enquiry will, inter alia gather information as regards the relationship of the petitioners with the person lying in comatose state; with regard to the financial condition of the petitioners (including petitioner No.1); and other aspects which may have a material bearing in the petitioner No.1 discharging the duties of guardianship. Any conflict of interest concerning the affairs of the person lying in comatose state will be brought to fore. The SDM shall also verify the details of the properties (both moveable and immoveable) possessed by Subhash Chander Singla as detailed in paragraph 10 of the petition, and file a report within three weeks from today.
12. Pending notice, I deem it appropriate that the Director, G.B. Pant Hospital, Delhi, shall constitute a Medical Board, including a Neurologist, Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:12.02.2022 15:24:38 who shall examine Subhash Chander Singla, the husband of the petitioner No.1 at his residence and give its report on his medical condition. The Board shall also opine as to whether or not the disease / condition from which he is suffering would fall within the ambit of the Mental Health Care Act, 2017 and / or the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. The report shall be submitted within four weeks from today. Notice shall be issued to the District Magistrate, District Sri Muktsar Sahib (Punjab) forthwith (through all modes including email) to verify the properties possessed by Subhash Chander Singla in his individual name and in partnership with his brother Dr. Sudharshan Singla and their approximate value, and shall file a report within two weeks from the receipt of notice.
13. In the interest of justice, I direct the petitioner No.1, the wife of Subhash Chander Singla, and also petitioner Nos.2 to 4 herein, the children of Subhash Chander Singla, currently residing in the United States of America, to be present before this Court virtually on the next date of hearing, via video-conferencing. All the petitioners herein shall also file affidavits disclosing the details of the properties in their personal names, both moveable and immoveable, within three weeks from today.
14. This order shall be enclosed with the notice to the DM, District Sri Muktsar Sahib. List on March 09, 2022.
V. KAMESWAR RAO, J FEBRUARY 9, 2022/jg Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:12.02.2022 15:24:38