Abc vs State Of Maharashtra Through ...
2023 Latest Caselaw 27 Bom

                                                                        2-OSWPL-39804-2022.DOC




                      Shephali



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                     WRIT PETITION (L) NO. 39804 OF 2022


                      ABC                                                         ...Petitioner
                             Versus
                      State of Maharashtra through Principal Secretary          ...Respondent


                      Ms Aditi Saxena, for the Petitioner.
                      Mrs Purnima Kantharia, GP, for Respondent No.1-State.
                      Mrs Madhubala Kajle, for Respondent No.2.


                                               CORAM        G.S. Patel &
                                                            S.G. Dige, JJ.

                                               DATED:       2nd January 2023
SHEPHALI
                      PC:-
SANJAY
MORMARE
Digitally signed by
SHEPHALI
SANJAY
MORMARE
Date: 2023.01.03

1. We are informed that the medical termination of pregnancy 09:41:09 +0530

was carried out two days' ago. The mother will be discharged in a day or two.

2. Ms Saxena points out that the Petition nonetheless survives because it contains a substantive challenge to the vires of certain Sections of the Medical Termination of Pregnancy Act 1971 as amended as also to certain provisions of the Rules. These include challenges to Sections 3(2)(b), 3(2)(b)(i) and (ii), Section 3(2B) and 3(2C) of the Act and to Rules 3(A) and 3(B) of the Medical Termination of Pregnancy Rules 2003.

2nd January 2023 2-OSWPL-39804-2022.DOC

3. Issue Notice to the learned Attorney General. As a courtesy a copy of the Petition is to be delivered to the office of the Additional Solicitor General within one week from today.

4. Similarly issue notice to the learned Advocate-General returnable on the same date, as noted below.

5. Having regard to the nature of the challenge as also to the judgment of 29th September 2022 of the Supreme Court in Special Leave Petition (Civil) No. 12612 of 2022, a copy of which is annexed to the Petition, and the evident complicities in interpretation involves, we permit Ms Saxena for the Petitioners and Ms Kantharia for the State of Maharashtra and also the Union of India to file concise advance notes of arguments.

6. For the present we do not believe that Affidavits are required, these being questions of law. The written submissions should be filed in soft copy as also in hard copy with the Registry by 13th February 2023.

7. We make that the returnable date of the notices as well.

8. The matter will be listed for directions first on board on 15th February 2023 to schedule a final hearing of the matter.

(S. G. Dige, J)                                       (G. S. Patel, J)





                            2nd January 2023