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2020 Supreme(P&H) 376

H.S.MADAAN
Hema – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Sanjeev Sharma, Advocate - Legal Aid counsel, for the Appellant; Mr. Sahil Sharma, Deputy Advocate General, Punjab, for the Respondent; Mr. Amit Jhanji, Advocate, for the PGI-Respondent No.2

JUDGMENT

H.S. Madaan, J. (Oral) - Petitioners Hema aged 32 years and her husband Daljit Singh aged 37 years, both residents of Naya Nangal, Fertilizer Factory Nangal for New VTC Rupnagar, Punjab, have brought the instant civil writ petition under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondent No.2 to terminate pregnancy of the child in the womb of petitioner No.1, which is about 23 weeks, 9 days, in consonance to the report given by Post Graduate Institute of Medical Education and Research (PGIMER), Sector 12, Chandigarh respondent No.2 , as well as other medical record showing that foetus has high chances of Neurodevelopmental Abnormality and continuation of pregnancy would cause grave injury to the child of petitioner No.1 and also it is unsafe and dangerous for the life of foetus.

2. Notice of the writ petition was given to the respondents, who have put in appearance through counsel.

3. When the petition came up for hearing on 15.5.2020, an order was passed directing petitioner No.1 Hema to appear before the Medical Superintendent, PGIMER, Chandigarh on 18.5.2020 for examination by the Medical Board, observing that s

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