REPORTABLEITEM NO.1A COURT NO.6 SECTION XS U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CRL.) NO(s). 115 OF 2009ARUNA RAMCHANDRA SHANBAUG Petitioner(s)VERSUSUNION OF INDIA & ORS. Respondent(s)[HEARD BY HON'BLE MARKANDEY KATJU AND GYAN SUDHA MISRA, JJ.) Date: 07/03/2011 This Writ Petition was called on for Judgment today.Amicus Curiae Mr. G.E. Vahanvati, Attorney General(Not present)Mr. Chinmoy P. Sharma, Adv.Dr. Aaray Lingaiah, Adv.Mr. Nishanth Patil, Adv.Mr. Anoopam Prasad, Adv.Ms. Naila Jung, Adv.Mr. Rohit Sharma, Adv.Mr. D.D.Kamat, Adv.Mr. D.S.Mahra, Adv.Amicus Curiae Mr. T.R. Andhyarujina, Sr. Adv.Mr. Soumik Ghosal, Adv.For Petitioner(s) Mr. Shekhar Naphade, Sr. Adv.Ms. Shubhangi Tuli, Adv.Ms. Divya Jain, Adv.Mr. Vimal Chandra S. Dave,Adv.For Respondent(s) Ms. Sunaina Dutta, Adv.Mrs.Suchitra Atul Chitale,Adv.Ms. Asha Gopalan Nair, Adv. Hon'ble Mr. Justice Markandey Katju pronounced thejudgment of the Bench comprising His Lordship and Hon'bleMrs. Justice Gyan Sudha Misra.For the reasons given in the reportable judgment whichis placed on the file, the writ petition is dismissed.(Parveen Kr.Chawla)Court Master( Indu Satija )Court Master
REPORTABLE
IN THE SUPREME COURT OF INDIACRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. 115 OF 2009
Aruna Ramchandra Shanbaug .. Petitioner-versus-Union of India and others .. Respondents
J U D G M E N T
Markandey Katju, J.
“Marte hain aarzoo mein marne ki Maut aati hai par nahin aati”
-- Mirza Ghalib
1. Heard Mr. Shekhar Naphade, learned seniorcounsel for the petitioner, learned Attorney Generalfor India for the Union of India Mr. Vahanvati, Mr.T. R. Andhyarujina, learned Senior Counsel, whom wehad appointed as
amicus curiae,
Mr. Pallav Sisodia,learned senior counsel for the Dean, KEM Hospital,Mumbai, and Mr. Chinmay Khaldkar, learned counsel
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for the State of Maharashtra.
2. Euthanasia is one of the most perplexing issueswhich the courts and legislatures all over the worldare facing today. This Court, in this case, isfacing the same issue, and we feel like a ship in anuncharted sea, seeking some guidance by the lightthrown by the legislations and judicialpronouncements of foreign countries, as well as thesubmissions of learned counsels before us. The casebefore us is a writ petition under Article 32 of theConstitution, and has been filed on behalf of thepetitioner Aruna Ramachandra Shanbaug by one Ms.Pinki Virani of Mumbai, claiming to be a nextfriend.3. It is stated in the writ petition that thepetitioner Aruna Ramachandra Shanbaug was a staffNurse working in King Edward Memorial Hospital,Parel, Mumbai. On the evening of 27th November, 1973she was attacked by a sweeper in the hospital whowrapped a dog chain around her neck and yanked her
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