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2021 Supreme(P&H) 532

SUVIR SEHGAL
PREETI BALA – Appellant
Versus
STATE OF PUNJAB – Respondent


Advocates Appeared:
For the Petitioner:Mr. Pranav Chamoli, Advocate, Legal Aid Counsel (HCLSC)
For the Respondent:Ms. Ambika Bedi, AAG, Punjab for State-respondent No.1. Mr. Amit Jhanji, Advocate

1. On 25.05.2021, this Court passed the following orders:-

1. The Court has been convened through video conferencing due to Covid-19 pandemic.

2. Instant petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing PGIMER, Chandigarh-respondent No. 2 to medically terminate the pregnancy of the petitioner as there is a genetic defect in the fetus, which is similar to the disorder in the previous child of the petitioner, who is suffering from Metachromatic Leaukodystrophy, a rare genetic disorder resulting from mutation in the ARSA gene.

3. Counsel for the petitioner urges that the gestation period of the fetus is 24 weeks and 5 days and though the petitioner had requested for Medical Termination of Pregnancy (MTP) but during her visit to the Institute respondent No. 2 on 19.05.2021, the doctor declined to do so and advised her to approach the Court.

Notice of motion.

4. On asking of the Court, Ms. Anju Sharma Kaushik, DAG, Punjab accepts notice on behalf of the State-respondent No. 1. Mr. Amit Jhanji, Advocate with Mr. Abhishek Premi, Advocate, who has been served with an advance copy of the petition, appears on behal

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