Advocates Appeared:
Mr. Brijeshwar Singh Bhalla, Advocate for the Petitioner; Mr. Aftab Singh Khara, Senior Deputy Advocate General, Punjab; Mr. Anant Kataria, Deputy Advocate General, Haryana; Mr. Munish Bansal, Public Prosecutor, U.T., Chandigarh.; Mr. D.K. Singal, Advocate for respondent/Bank.

JUDGMENT :

Anupinder Singh Grewal, J.

1. The petitioner is seeking issuance of a writ in the nature of mandamus to declare herself as the guardian of Rohit Kumar, who is her son and is presently stated to be in a vegetative/comatose state.

2. It is submitted that Rohit Kumar had taken a gold loan after pledging certain gold articles. Later, he met with an accident and sustained serious injuries to his head, which left him in a vegetative state, unable to perform normal functions which is evident from the medical reports at Annexure P-4. Learned Counsel has sought a writ to be issued in the nature of mandamus declaring the petitioner, who is the mother of Rohit Kumar as his guardian, in order to enable her to operate the loan account of Rohit Kumar. Counsel relies upon the judgment of the Division Bench of the Bombay High Court in the case of Philomena Leo Lobo versus Union of India and others, 2017 SCC (Online) Bom 8836 in support of his submission that this Court is empowered by virtue of Article 226 of the Constitution to declare the petitioner as the guardian of her adult son who is in a vegetative/comatose state.

3. Whereas, learned counsel for respondents No.1 to 3 (Bank) submitted that Rohit Kumar, who is the son of the petitioner, had availed a gold loan from the respondent-Bank after pledging the gold ornaments. The borrower did not maintain financial discipline in respect of the loan account and, therefore, notice was issued on 27.11.2024 calling upon him to pay the outstanding amount of Rs.4,25,890/- on or before 29.12.2024, failing which the Bank would auction the gold ornaments. Now an amount of Rs.4,00,000/- had been deposited in the loan account by the petitioner and balance amount of Rs.25,890/- is payable against the loan account. The petitioner had moved a representation seeking release of the pledged articles in her favour on account of her son's incapacity. To safeguard itself from legal issues, the Bank had asked the petitioner to secure a court order declaring her as the legal guardian of Rohit Kumar. He further submitted that in the event of this Court appointing the petitioner as guardian, the petitioner be directed to deposit the outstanding amount along with interest and other charges to enable the respondent-Bank to release the pledged gold ornaments.

4. Heard.

5. Rohit Kumar, who is the son of the petitioner, is stated to have availed a Gold Overdraft facility of Rs.3,75,200/- on 29.09.2023, for a fixed term of 12 months from respondent No.3-Axis Bank by pledging certain gold articles. Unfortunately, three months later, he met with an accident on 08.12.2023 and suffered serious injuries to his head. The medical report is available on the record as Annexure P 4. A FIR No.77 dated 15.12.2023 under Section 279 IPC was registered at Police Station Talwandi Bhai, District Ferozepur with regard to the accident and copy thereof is at Annexure P-3.

6. The medical records of Rohit Kumar have been annexed and relevant extract of the aforesaid medical records is reproduced hereunder:

'PRIVATE OPD CARD

DAYANAND MEDICAL COLLEGE AND HOSPITAL, LUDHIANA

xxxx

Remarks:- Patient is not fully conscious, not able to communicate with others. Not able to understand, not able to sign. He is bedridden. Sd/-'

In the medical records there is also a reference to the status of Rohit Kumar at the time of his discharge. Relevant extract is reproduced below:-'www xxxxxx

Condition at the time of discharge:

Patient GCS E4 VTR M4, PUPILS B/L REACTIVE TO LIGHT, PATIENT ACCEPTING RT FEED, VOIDING BY EXTERNAL CATHETER AND AMBULATORY ON WHEEL CHAIR. SUTURES REMOVED AND WOUND CONDITION IS HEALTHY, TRACHEOSTOMY TUBE IN-SITU.'

7. GCS which is the abbreviation for Glasgow Coma Scale, is a neurological scale used by medical experts to assess a person's consciousness. Ever since the accident, Rohit Kumar has been undergoing treatment, but is bedridden and unable to communicate or comprehend everyday matters and is in a state akin to a comatose/vegetative stat