Supreme Court - Daily Orders
Union Of India vs Jan Balaz . on 27 April, 2016
Bench: Ranjan Gogoi, N.V. Ramana
ITEM NO.302 COURT NO.7 SECTION IX/PIL(W)/X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL NO. 8714/2010
UNION OF INDIA & ANR. APPELLANT(S)
VERSUS
JAN BALAZ & ORS. RESPONDENT(S)
WITH
W.P.(C) NO. 95/2015
(WITH APPLN.(S) FOR IMPLEADMENT AND INTERVENTION AND PERMISSION TO
FILE ADDITIONAL DOCUMENTS AND STAY AND OFFICE REPORT)
W.P.(C) NO. 841/2015
(WITH APPLN.(S) FOR INTERIM STAY AND INTERVENTION AND OFFICE
REPORT)
Date : 27/04/2016 These cases were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE N.V. RAMANA
For parties(s) Mr. Ranjit Kumar, SG
Mr. P.S. Narsimha, ASG
Mr. K. Radhakrishnan, Sr. Adv.
Ms. Binu Tamta, Adv.
Ms. Swarupama Chaturvedi, Adv.
Ms. Meenakshi Grover, Adv.
Ms. Gargi Khanna, Adv.
Mr. S.Wasim A. Qadri, Adv.
Mr. S.S. Rawat, Adv.
Ms. Hema Sahu, Adv.
Mr. Zaid Ali, Adv.
Mrs. Anil Katiyar, AOR
Mr. B.K. Prasad, Adv.
Mr. D. S. Mahra, AOR
Ms. Sushma Suri, AOR
Mr. Ashish Wad, Adv.
Mrs. Kanika Baweja, Adv.
Signature Not Verified
Ms. Paromita Majumdar, Adv.
Digitally signed by
VINOD LAKHINA
Date: 2016.04.27
Ms. Jaya Khanna, Adv.
Ms. Tamali Wad, AOR
17:03:47 IST
Reason:
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Mr. ATM Rangaramanujam, Sr. Adv.
Mr. Pranab Kumar Mullick, AOR
Mr. Hitesh Kumar Sharma, Adv.
Mr. Sebat Kumar Deuria, Adv.
Mrs. Soma Mullick, Adv.
Ms. Kamini Jaiswal, AOR
Ms. Hemantika Wahi, AOR
Ms. Puja Singh, Adv.
Mr. Gaurav Sharma, AOR
Mr. Gagan Gupta, AOR
Mr. Rahul Gupta, Adv.
Mr. Saurabh Gupta, Adv.
Mr. Vishnu Sharma, Adv.
Ms. Anupama Sharma, Adv.
Ms. Radhika Thapar, Adv.
Mr. R.K. Thakur, Adv.
UPON hearing the counsel the Court made the following
O R D E R
W.P.(C) NO.841/2015
A statement has been made on behalf of the Union of India by Shri Ranjit Kumar, learned Solicitor General for India that “The Assisted Reproductive Technology (Regulation) Bill, 2016” has been finalized for being placed before the Parliament and in all probability the said Bill would be so placed in the on-going Session of the Parliament.
So far as the clause 2(ii) of the circular dated 3rd November, 2015 and the apparent disharmony with clause Page No.2 of 3 60(11)(a) to (c) of the draft “The Assisted Reproductive Technology (Regulation) Bill, 2014” is concerned, the learned Solicitor General has submitted that in the aforesaid 2016 Bill the disharmony has been reconciled and the position has been brought at par with clause 2(ii) of the circular dated 3rd November, 2015 meaning thereby that the only Indian citizens and not the Overseas Citizen of India (OCIs) would be permitted to commission surrogacy in India.
In view of the aforesaid statement made by the learned Solicitor General we cannot grant any interim relief to the writ petitioner in Writ Petition (Civil) No.841 of 2015. The prayer for interim relief in Writ Petition (Civil) No.841 of 2015 is, therefore, declined.
All the matters will be heard once the Bill is enacted as an act of Parliament with or without modification, as may be.
[VINOD LAKHINA] [ASHA SONI]
COURT MASTER COURT MASTER
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