Ansari Tabassumbanu Firozkhan ... vs State Of Gujarat
2022 Latest Caselaw 4452 Guj

      R/SCR.A/4480/2022                                         ORDER DATED: 27/04/2022



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 4480 of 2022
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ANSARI TABASSUMBANU FIROZKHAN THRO ANSARI FIROZKHAN MOH.
                         FARUK
                         Versus
                   STATE OF GUJARAT
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Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MR PV PATADIYA(5924) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR HARDIK SONI, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                 Date : 27/04/2022

                                  ORAL ORDER

1. Present petition is filed by the Petitioner - Ansari Tabbasumbanu Firozkhan, through her husband, seeking permission to terminate her pregnancy after taking medical opinion from a government hospital.

2. From the record, it appears that the Petitioner is having 27 weeks and 3 days of pregnancy and upon routine check-up on 21.04.2022, it came to the notice that, embryo is not developed properly. Therefore, the Petitioner was advised to undergo detailed Anomaly scan, Aneuploidy Screening, 3D-4D and Fetal Echo and after performing further examination, it is noticed that, "a rare congenital deformity in which the hands or feet are attached close to the trunk, the limbs being grossly underdeveloped or absent. At present, the Petitioner is admitted in Smt. Shardaben Chimanlal Lalbhai Municipal General Hospital.

3. Rule. Learned APP waives service of rule for and on behalf of the respondent-State.

4. Ms. Krina Calla, learned APP appearing for the State submits that, looking to the medical condition of the petitioner, this Court may pass appropriate order.

5. This Court has also considered various judgments of the Supreme Court as well as High Courts, more particularly in the case of Gulfsha

R/SCR.A/4480/2022 ORDER DATED: 27/04/2022

Wasim Sheikh Vs. State of Maharashtra, High Court of Bombay, this Court is of considered view that present petition deserves to be allowed and the petitioner is permitted to terminate her pregnancy looking to the undeveloped limb and other organs of the child of the petitioner.

6. On the overall consideration of the matter on record, it appears that since the petitioner is desirous of termination of pregnancy at her own risk, the petitioner is permitted to undergo termination of pregnancy at Smt. Shardaben Chimanlal Lalbhai Municipal General Hospital, Saraspur, Ahmedabad. Accordingly, In-charge Medical Office and Superintendent, Department of OBGY, Smt. Shardaben Chimanlal Lalbhai Municipal General Hospital, Saraspur, Ahmedabad shall make arrangement for the procedure of medical termination of pregnancy of petitioner, at the earliest.

7. It is clarified to the learned advocate for the petitioner and the petitioner also about the risk factors involved and that petitioner shall undergo the procedure of medical termination of pregnancy at her own risk. It is further made clear that the doctors shall have the immunity in the event of occurrence of any litigation arising out of the instant Petition. Rule is accordingly made absolute. There shall be no orders as to costs. All concerned including the In-charge Medical Office and Superintendent, Department of OBGY, Smt. Shardaben Chimanlal Lalbhai Municipal General Hospital, Saraspur, Ahmedabad shall act accordingly. The present petition is accordingly disposed of. Direct service is permitted today.

(ILESH J. VORA,J)

SUCHIT