Supreme Court - Daily Orders
Alakh Alok Srivastava vs Union Of India on 28 July, 2017
Author: Chief Justice
Bench: Chief Justice, D.Y. Chandrachud
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C)NO.565 of 2017
ALAKH ALOK SRIVASTAVA ... PETITIONER(S)
VS.
UNION OF INDIA & ORS. ... RESPONDENT(S)
O R D E R
1. In continuation of motion Bench order dated 24-07-2017, Mr. Mahavir Singh, Member Secretary, State Legal Services Authority, UT Chandigarh, who is present in the Court, has produced for our perusal a report of the Medical Board, in a sealed cover. We have perused the report, which contains the following recommendations :
“The girl child is in a good state of health at present except mild pallor (anemia). The girl child is a known case of congenital heart defect (Ventricular Septal Defect) which was corrected in 2013 at PGI Chandigarh. At present she is asymptomatic and the corrected Ventricular Septal Defect is unlikely to interfere with the progress of pregnancy.
On clinical and ultrasound examination the fetus is approximately 32 weeks old, alive and doing well (Biophysical profile, Non Stress Test and Signature Not Verified Digitally signed by umbilical artery Doppler study – normal).SARITA PUROHIT Date: 2017.08.03 16:36:30 IST Reason: 1
Estimated weight of the fetus is approximately 1.6 kg and there is no apparent fetal congenital malformation.
In view of the above, continuation of pregnancy may not pose any additional risk to the girl child and the fetus, other than the age related risk which is higher than adult pregnant woman. Continuation of pregnancy is less hazardous for the girl child and fetus than termination of pregnancy at this stage.”
2. We direct, that the report be resealed. In view of the recommendation made by the Medical Board, we are satisfied, that it would neither be in the interest of the girl child, nor of the life of fetus, which is approximately 32 weeks old, to order medical termination of pregnancy. We, therefore, hereby decline the instant prayer made in the petition.
3. We are however of the view, that the girl child should be extended due medical care. We are informed, that she is being treated at the Government Hospital, Sector-32, Chandigarh, which we are satisfied is fully equipped to render the best medical-aid possible. It shall be open to the treating doctors to evaluate the health of the girl child, for selecting the best mode of delivery, for the child.
4. The writ petition is disposed of in the above terms. 2
5. We express our gratitude to Mr. Mahavir Singh, Member Secretary, State Legal Services Authority, UT Chandigarh, for rendering his valuable assistance.
........................CJI.
[JAGDISH SINGH KHEHAR] ........................J. [Dr. D.Y. CHANDRACHUD] New Delhi;
28th July, 2017.
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ITEM NO.22 COURT NO.1 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (Civil) No(s).565/2017 ALAKH ALOK SRIVASTAVA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 28-07-2017 This petition was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD Mr. Mahavir Singh, Amicus Curie For Petitioner(s) Mr. Alakh Alok Srivastava, In-person Ms. Deepti Bhargava,Adv.
For Respondent(s) Ms. Kamakshi S. Mehlwal,Adv. UT Chandigarh Mr. Sanveer Mehlwal,Adv.
Dr. Ravindrqa Chingle,Adv.
UPON hearing the counsel the Court made the following O R D E R The writ petition is disposed of in terms of the signed order.
(Sarita Purohit) (Renuka Sadana) Court Master Assistant Registrar (Signed order is placed on the file) 4