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5. The petition averments disclose that the petitioner cites the similar cases with advantage, namely the case of Ms.Aruna Shanbaug, who has been in a permanent vegetative state for the last 36 years. Ms.Aruna Shanbaug was a Nurse who was sodomized and asphyxiated resulting in paralytic condition. A Journalist, by name Pinki Virani was before the Apex Court on her behalf and according to her, the Apex Court had sought report on Ms.Aruna Shanbaug's condition.

12. The Apex Court has dealt with the issue elaborately in ARUNA SHANBAUG'S case reported in AIR 2011 SC 1290. Indeed in the said case, the Apex Court has dealt with;

"i) Mercy killing or euthanasia -

Active euthanasia using lethal substances or forces to kill terminally ill patient - Illegal and crime u/Ss.302, 304 - Physician assisted suicide is crime UNDER SECTION.306.

21. The Apex Court has also observed that the desirability of bringing about such a change was considered to be a function of the Legislature by enacting a suitable law providing therein adequate safeguards to prevent any possible abuse.

22. The Apex Court in ARUNA SHANBAUG'S case, while dealing with withdrawal of life support to a patient in a permanent vegetative state (PVS) has observed thus:

(i) A decision has to be taken to discontinue life support either by the parents or the spouse or other close relatives, or in the absence of any of them, such a decision can be taken even by a person or a body of persons acting as a next friend. It can also be taken by the doctors attending the patient.

However, the decision should be taken bona fide in the best interest of the patient. In the present case, we have already noted that Aruna Shanbaug's parents are dead and other close relatives are not interested in her ever since she had the unfortunate assault on her. As already noted above, it is the KEM hospital staff, who have been amazingly caring for her day and night for so many long years, who really are her next friends, and not Ms. Pinky Virani who has only visited her on few occasions and written a book on her. Hence it is for the KEM hospital staff to take that decision. The KEM hospital staff have clearly expressed their wish that Aruna Shanbaug should be allowed to live. Mr. Pallav Shisodia, learned senior counsel, appearing for the Dean, KEM Hospital, Mumbai, submitted that Ms.Pinky Virani has no locus standi in this case. In our opinion it is not necessary for us to go into this question since we are of the opinion that it is the KEM Hospital staff who is really the next friend of Aruna Shanbaug. We do not mean to decry or disparage what Ms. Pinky Virani has done. Rather, we wish to express our appreciation of the splendid social spirit she has shown. We have seen on the internet that she has been espousing many social causes, and we hold her in high esteem. All that we wish to say is that however much her interest in Aruna Shanbaug may be it cannot match the involvement of the KEM hospital staff who have been taking care of Aruna day and night for 38 years. However, assuming that the KEM hospital staff at some future time changes its mind, in our opinion in such a situation the KEM hospital would have to apply to the Bombay High Court for approval of the decision to withdraw life support.