IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRL.) NO(s). 115 OF 2009

ARUNA RAMCHANDRA SHANBAUG                    Petitioner(s)

                VERSUS

UNION OF INDIA & ORS.                        Respondent(s)

O  R  D  E  R

In the above case Dr. J.V. Divatia on 17.02.2011  

handed over the report of the team of three doctors whom we  

had appointed by our order dated 24th January, 2011. He has  

also handed over a CD in this connection. Let the report as  

well as the CD form part of the record.

On mentioning, the case has been adjourned to be  

listed on 2nd March, 2011 at the request of learned Attorney  

General  of  India,  Mr.  T.R.  Andhyarujina,  learned  Senior  

Advocate, whom we have appointed as amicus curiae in the  

case  as  well  as  Mr.  Shekhar  Naphade,  learned  Senior  

Advocate for the petitioner.

We request the doctors whom we had appointed viz.,  

Dr. J.V. Divatia, Dr. Roop Gurshani and  Dr. Nilesh Shah to

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appear before us on 2nd March, 2011 at 10.30 A.M. in the

Court, since it is quite possible that we may like to ask  

them questions about the report which they have submitted,  

and  in  general  about  their  views  in  connection  with  

euthanasia.

On  perusal  of  the  report  of  the  committee  of  

doctors to us we have noted that there are many technical  

terms which have been used therein which a non-medical man  

would  find  it  difficult  to  understand.   We,  therefore,  

request the doctors to submit a supplementary report by the  

next date of hearing (by e-mailing  copy of the same two  

days before the next date of hearing) in which the meaning  

of these technical terms in the report is also explained.

The Central Government is directed to arrange for  

the air travel expenses of all the three doctors as well as  

their stay in a suitable accommodation at Delhi and also to  

provide them necessary conveyance and other facilities they  

require, so that they can appear before us on 02.03.2011.

An honorarium may also be given to the doctors, if  

they so desire, which may be arranged mutually with the  

learned Attorney General.

The Dean of King Edward Memorial Hospital as well  

as Ms. Pinky Virani (who claims to be the next friend of  

the  petitioner)  are  directed  to  intimate  the  

brother(s)/sister(s)  or  other  close  relatives  of   the

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petitioner that the case will be listed on 2nd March, 2011  

in the Supreme Court and they can put forward their views  

before the Court, if they so desire.  Learned counsel for  

the  petitioner  and  the  Registry  of  this  Court  shall  

communicate a copy of this Order forthwith  to  the  Dean,  

KEM Hospital.  The Dean, KEM Hospital is requested to file  

an affidavit stating his views regarding the prayer in this  

writ petition, and also the condition of the petitioner.

Copy of this Order shall be given forthwith to  

learned Attorney General of India, Mr. Shekhar Naphade and  

Mr. Andhyarujina, learned Senior Advocates.   

Let the matter be listed as the first item on  

2nd March, 2011.

...........................J.  (MARKANDEY KATJU)

............................J.          (GYAN SUDHA MISRA) NEW DELHI; FEBRUARY 18, 2011.

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