Shanbaug Vs Union of India & Ors.
O R D E R
In the above case Dr.
J.V. Divatia on 17.02.2011 handed over the report of the team of three doctors
whom we had appointed by our order dated 24th January, 2011. He has also handed
over a CD in this connection. Let the report as well as the CD form part of the
record. On mentioning, the case has been adjourned to be listed on 2nd March,
2011 at the request of learned Attorney General of India, Mr. T.R. Andhyarujina,
learned Senior Advocate, whom we have appointed as amicus curiae in the case as
well as Mr. Shekhar Naphade, learned Senior Advocate for the petitioner.
We request the
doctors whom we had appointed viz., Dr. J.V. Divatia, Dr. Roop Gurshani and Dr.
Nilesh Shah to appear before us on 2nd March, 2011 at 10.30 A.M. in the Court,
since it is quite possible that we may like to ask them questions about the
report which they have submitted, and in general about their views in connection
with euthanasia. On perusal of the report of the committee of doctors to us we
have noted that there are many technical terms which have been used therein
which a non-medical man would find it difficult to understand. We, therefore, request
the doctors to submit a supplementary report by the next date of hearing (by e-mailing
copy of the same two days before the next date of hearing) in which the
meaning of these technical terms in the report is also explained.
Government is directed to arrange for the air travel expenses of all the three
doctors as well as their stay in a suitable accommodation at Delhi and also to provide
them necessary conveyance and other facilities they require, so that they can
appear before us on 02.03.2011. An honorarium may also be given to the doctors,
if they so desire, which may be arranged mutually with the learned Attorney
General. The Dean of King Edward Memorial Hospital as well as Ms. Pinky Virani (who
claims to be the next friend of the petitioner) are directed to intimate the brother(s)/sister(s)
or other close relatives of the petitioner that the case will be listed on 2nd March,
2011 in the Supreme Court and they can put forward their views before the
Court, if they so desire. Learned counsel for the petitioner and the Registry of
this Court shall communicate a copy of this Order forthwith to the Dean, KEM
The Dean, KEM
Hospital is requested to file an affidavit stating his views regarding the
prayer in this writ petition, and also the condition of the petitioner. Copy of
this Order shall be given forthwith to learned Attorney General of India, Mr.
Shekhar Naphade and Mr. Andhyarujina, learned Senior Advocates. Let the matter
be listed as the first item on 2nd March, 2011.