Madhya Pradesh High Court
Suresh Singh Patel vs The State Of Madhya Pradesh on 9 September, 2020
Author: Sujoy Paul
Bench: Sujoy Paul
1 WP-12979-2020
The High Court Of Madhya Pradesh
WP-12979-2020
(SURESH SINGH PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
2
Jabalpur, Dated : 09-09-2020
Heard through Video Conferencing.
Shri Rakesh Singh, learned counsel for the petitioners.
Shri Akshay Pawar, learned P.L. for the State.
Heard on I.A. No.6548/2020 for amendment.
Registry is directed to carry out the amendment forthwith.
Learned counsel for the petitioners submits that the petitioner No.2 is a
rape victim. Because of rape, the petitioner No.2 is pregnant. She wants to
terminate her pregnancy. Necessary directions in this regard be issued to the
respondent No.4.
This Court in a similar matter [W.P. No.27328/2018 (Yasmin Siddiqui Vs. State)] passed an order dated 26.11.2018. The relevant portion of the same reads as under:
"In the facts and circumstances of the case and in view of the mandate of Medical Termination of Pregnancy Act, 1971 (for short, 'the Act, 1972'), I deem it proper to direct the Dean, Netaji Subhash Chandra Bose Medical College, Jabalpur to constitute a committee of three registered medical practitioners to examine the petitioner as per the Act of 1971. The said committee shall examine the petitioner within 72 hours from today and shall form an opinion in good faith relating to termination of pregnancy of petitioner/victim. The committee shall form its opinion as per mandate of Act, 1971. In the event of difference of opinion amongst the medical practitioners, the majority view shall prevail. Learned G.A. shall produce the copy of report of the said committee on the next date of hearing."
On a specific query from the Bench, after obtaining instructions, Shri Signature Not Verified SAN Pawar, learned P.L. for the State submits that the petitioner Nos.1 & 2 may Digitally signed by SHIBA NARAYAN BISWAL Date: 2020.09.09 14:48:21 IST 2 WP-12979-2020 approach the respondent No.4 who will immediately make arrangement for the examination/test of the petitioner No.2.
Resultantly, the petitioners are directed to immediately approach the respondent No.4 (Chief Medical & Health Officer, District Satna).
The said authority, in turn, shall constitute a Committee of three registered medical practitioners to examine the petitioner No.2 as per the Act of 1971.
It shall be the duty of the respondent No.4 to ensure that the Committee is constituted and the said Committee examines the petitioner No.2 within 48 hours from the time the petitioner approaches him. The opinion of the Committee shall be produced before this Court on the next date of hearing.
List this matter on 14/09/2020.
Shri Akshay Pawar, learned Panel Lawyer shall communicate this order immediately to respondent No.4.
C.C. today.
(SUJOY PAUL) JUDGE Biswal Signature Not Verified SAN Digitally signed by SHIBA NARAYAN BISWAL Date: 2020.09.09 14:48:21 IST