AYAN KUMAR DAS vs UNION OF INDAI - 2022 Supreme(Gau) 173

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Gau) 173

DEVASHIS BARUAH
AYAN KUMAR DAS – Appellant
Versus
UNION OF INDAI – Respondent

Advocates Appeared:
For The Appellant : MR D DEKA
For The Respondent: ASSTT.S.G.I.

JUDGMENT :

1. Heard Mr. R. Kaman, learned counsel for the petitioners; Ms. P. Sarma, learned counsel appearing on behalf of the respondent Nos. 1 and 2; Mr. R. Chakraborty, learned counsel appearing on behalf of the respondent No. 9; and Mr. B. Gogoi, learned counsel appearing on behalf of the respondent No. 3. I have also heard Ms. S. Sarma, learned counsel appearing for the Assistant Commissioner, Kamrup(M), Assam and Mrs. R.S. Choudhury, learned counsel appointed by this Court as Amicus Curiae.

2. In the instant writ petition, the question that arises for consideration is as to whether in law and on facts the petitioner can be appointed as guardian of the mother of the petitioners who is in ‘persistent vegetative state’ and ‘coma’.

3. The brief facts of the instant case are that the petitioner No. 1 is the son and the petitioner No. 2 is the daughter of Smt. Madhumita Das. The said Madhumita Das herein after referred to as the mother of the petitioners was living in Naharlagun in Arunachal Pradesh and was found in an unconscious state in the morning of 18.12.2020. She was there