Point of law: It shall be the duty of the petitioner – guardian to meet the obligations/duties similar to those as described under Section 15 and to maintain and submit the accounts similar to those contained in Section 16 of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities” Act, 1999.

JUDGMENT :

1. Issue Rule, returnable forthwith. Ms.Surbhi Bhati, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent-State.

2. By this petition, the petitioner has invoked the extraordinary jurisdiction of this Court seeking appointment as guardian as well as manager of one Mr.Akbar Ahmed Shaikh i.e. father of the petitioner (hereinafter referred to as “the patient”, as and when the context warrants) in her capacity as daughter of Mr.Akbar Ahmed Shaikh, since he is suffering from comatose state.

3. Tersely stated are the facts:

3.1 The patient, was an orthopedic surgeon by profession. During December 2015, he had gone for pilgrimage in Jeddah, Saudi Arabia and on 30.12.2015, at around 05.30 a.m. while disembarking from the hotel, he met with an accident with a bus. The said accident caused serious head injuries and the patient, immediately went into comatose state, and had suffered an irreversible brain damage due to the dreadful accident.

3.2 Apropos the accident, the patient was immediately admitted to Noor Hospital, Mecca for treatment, which continued for more than 50 days; however, the patient continued to remain in comatose state and unfortunately, the treatment did not show any sign of meaningful recovery or improvement. Following the opinion of the doctors, the petitioner and her mother decided to airlift the patient to India for further treatment and upon arrival, the patient was examined and treated by different doctors at various hospitals; however, no improvement was observed in his condition and he is in comatose state since last past five years.

3.3 Since there was no improvement in condition, doctor discharged the patient from hospital and advised the petitioner to take his care at home with continued supportive treatment during lifetime. All necessary medical facilities have been arranged by the petitioner and her mother to take proper care of the patient. According to the petitioner, presently, the patient is treated by Dr.Dhiren M. Bakshi, MD, Consulting Physician, who on 14.10.2020 has certified that the patient, aged 69 years is in state of coma/mentally disable person and is incapable of managing his own affairs after the head injury.

3.4 According to the petitioner, she has spent around lakhs of rupees towards medical expenses and upkeep of the patient. The petitioner has managed the funds for medical and other expenses with the help and assistance of close friends and relatives. According to the petitioner, due to comatose state since past five years, the patient has lost his mental capacity of taking any decisions with respect to his assets. It is also the case of the petitioner that she and her mother are unable to administer, manage and sale patient’s personal and co-owned assets in absence of any valid authorisation. It is the case of the petitioner that she and her mother are in acute need of financial support for the purpose of continuing treatment of the patient. Hence, it is utmost necessary to authorize the petitioner to administer, manage and dispose of the assets of the patient for his own welfare and treatment.

3.5 It is also the case of the petitioner that the patient was sole bread earner for the petitioner and her mother and on account of sustained comatose state, the petitioner and her mother are running out of financial resources even to meet their basic needs. Therefore, it is necessary that the petitioner is appointed as guardian of the patient so that she can deal with the properties and assets of the patient for his treatment and care as indicated in para 3.13 of the memo of the petition.

3.6 With this background, the petitioner has approached this Court for appointing her as guardian of the patient who is in comatose state, on the ground that none of the legislations in India provide for appointment of guardian of a person in comatose state, unlike legislation for appointment of guardian for minors and person with other disabilities like mental r