JUDGMENT :

ANIRUDDHA ROY, J.

1. This is a writ petition filed by the mother of a minor girl. The mother claimed that, the minor girl had been a victim of rape and sexual assault. The mother lodged a complaint before the jurisdictional police station informing the incident on March 9, 2023 at page 17 to the writ petition. On the basis of the said complaint, the jurisdictional police station, viz. Bagdogra Police Station had registered an FIR with the Bagdogra Police Station, vide, Bagdogra Police Station Case No. 114 of 2023 dated March 9, 2023, Annexure-P4 at page 16 to the writ petition. The charge leveled under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘the POCSO Act’).

2. The minor girl had been admitted at the North Bengal Medical College and Hospital, Siliguri. The relevant medical documents showing the physical condition of the minor girl are annexed to the writ petition as Annexure-P5 to P8 at pages 18 to 42 to the writ petition. A Medical Board had already been constituted and the minor girl was examined. From a report of the Zonal Medical Board, North Bengal Medical College, Annexure-P7 at page 40 to the writ petition, it appeared that, the minor girl has been carrying with twin live-fetuses.

3. Learned counsel for the petitioner, Mr. Sandip Mandal then drew attention of this Court to Annexure-P8 at page 42 to the writ petition being the Treatment Card dated March 20, 2023, issued by the Head of Department Gynecology, North Bengal Medical College and Hospital, wherefrom it appeared that, he had reviewed the patient and opined that, as there was no termination order from the Court for the ongoing pregnancy, antenatal care to be given. It also appeared that, the Department of Psychiatry had also evaluated the minor girl and formed their opinion. From the document being Annexure-P7 at pages 40 to 41 to the writ petition being the report of the Zonal Medical Board it appeared that, the age of the twin-fetuses were 25 weeks and 25 weeks one day respectively as on March 20, 2023. All these facts were also brought to the notice of the highest authority of the District Police on April 1, 2023, Annexure-P9 at page 43 to the writ petition.

4. Through the instant writ petition the mother of the minor girl had prayed for the following reliefs:

“(a) Allow the petitioner to have termination of pregnancy of her minor daughter in the North Bengal Medical College & Hospital or any other hospital.

(b) A writ in the nature of Mandamus do issue commanding the respondent no. 2, 3 and 4 to take all lawful steps to comply all the legal formality accompanied by the petitioner, if necessary for termination of pregnancy of the victim girl.

(c) A writ in the nature of Mandamus do issue commanding the respondent no. 4 to have the opinion whether pregnancy of the victim daughter of the petitioner can be terminated or not within two days and if pregnancy can be terminated then to make all arrangement for termination of pregnancy within 3 days.

And/or

Any such order/orders as Your Lordship may deem fit and proper.”

5. The relevant averments as to the right to apply before this Court in its high prerogative writ jurisdiction under Article 226 of the Constitution of India pleaded by the mother of the minor girl are quoted below:

“1. That the petitioner is deserted married woman. The husband of the petitioner left her in the year 2016 leaving behind her along with two minor children out of them, the elder child is a daughter aged about 12 years and a son is aged about 9 years. Being the responsible and duty bound mother of the said minor son and daughter, the petitioner has been maintaining and looking after her said minor children including their welfare and education and for that the petitioner has been working in a beauty parlour.

Photocopy of the AAdhar Card of the petitioner is annexed herewith and marked as letter “P-1.”

1. That the date of birth of the minor daughter of the petitioner is 08-08-2011 and now she is aged