CWP-4571-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT SUREKHA AXIS BANK AND ORS. CORAM: Present: ANUPINDER SINGH GREWAL, J. 1. The petitioner is seeking issuance of to declare her presently stated to be 2. It is submitted that Rohit certain gold injuries to his normal functions Learned Counsel has sought a writ to be issued declaring the petitioner, 2025 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP- Reserved on: Pronounced on Versus AXIS BANK AND ORS. HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON’BLE MR. JUSTICE DEEPAK MANCHANDA 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. **** ANUPINDER SINGH GREWAL, J. The petitioner is seeking issuance of a to declare herself as the guardian of Rohit Kumar, who is her son and stated to be in a vegetative/comatose state. It is submitted that Rohit Kumar had taken a gold loan after gold articles. Later, he met with an accident injuries to his head, which left him in a vegetative state normal functions which is evident from the medical reports at Annexure P Learned Counsel has sought a writ to be issued declaring the petitioner, who is the mother of Rohit Kumar IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -4571-2025 (O&M) eserved on: 29.05.2025. ronounced on: 03.07.2025. … Petitioner ... Respondents JUSTICE ANUPINDER SINGH GREWAL HON’BLE MR. JUSTICE DEEPAK MANCHANDA , Advocate for the petitioner. Mr. Aftab Singh Khara, Senior Deputy Advocate General, Mr. Anant Kataria, Deputy Advocate General, Haryana. Mr. Munish Bansal, Public Prosecutor, U.T., Chandigarh. Mr. D.K. Singal, Advocate for respondent/Bank. a writ in the nature of mandamus of Rohit Kumar, who is her son and is in a vegetative/comatose state. taken a gold loan after pledging met with an accident and sustained serious which left him in a vegetative state, unable to perform 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 the mother of Rohit Kumar as his guardian, mandamus is pledging serious unable to perform . in the nature of mandamus , SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 in order to enable her to operate the loan account relies upon the judgment of the in the case of 2017 SCC (Online) Bom is empowered petitioner as the guardian of her state. 3. Whereas, l that Rohit Kumar, who is the son of the petitioner, had from the respondent did not maintain financial discipline in therefore, notice was issued on 27.11.2024 calling upon him to pay the outstanding amount of Rs.4,25,890/ the Bank would auction the gold ornaments. Rs.4,00,000/- balance amount of Rs.25,890/ petitioner had moved a 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. 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 ornaments. 4. Heard. 2025 (O&M) (2) enable her to operate the loan account upon the judgment of the Division Bench of in the case of Philomena Leo Lobo versus Union of India an 2017 SCC (Online) Bom 8836 in support of his submission that this Court is empowered by virtue of Article 226 of the Constitution petitioner as the guardian of her adult son who is in a vegetative/comatose hereas, learned counsel for respondents No.1 to 3 (Bank) submit that Rohit Kumar, who is the son of the petitioner, had espondent-Bank after pledging the gold ornaments. The borrower did not maintain financial discipline in respect of therefore, notice was issued on 27.11.2024 calling upon him to pay the outstanding amount of Rs.4,25,890/- on or before the Bank would auction the gold ornaments. - had been deposited in the loan account balance amount of Rs.25,890/- is payable 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. 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 Heard. enable her to operate the loan account of Rohit Kumar. Counsel Division Bench of the Bombay High Court Philomena Leo Lobo versus Union of India and others, in support of his submission that this Court by virtue of Article 226 of the Constitution to declare the son who is in a vegetative/comatose earned counsel for respondents No.1 to 3 (Bank) submitted that Rohit Kumar, who is the son of the petitioner, had availed a gold loan Bank after pledging the gold ornaments. The borrower respect of the loan account and, therefore, notice was issued on 27.11.2024 calling upon him to pay the before 29.12.2024, failing which the Bank would auction the gold ornaments. Now an amount of had been deposited in the loan account by the petitioner and is payable against the loan account. The 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 Bank to release the pledged gold Counsel Bombay High Court d others, in support of his submission that this Court to declare the son who is in a vegetative/comatose ted a gold loan Bank after pledging the gold ornaments. The borrower the loan account and, therefore, notice was issued on 27.11.2024 calling upon him to pay the 29.12.2024, failing which amount of and The 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 ted that in the event of this Court appointing the petitioner as guardian, the petitioner be directed to deposit the outstanding amount along with interest Bank to release the pledged gold SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 5. Rohit Kumar, who is the son of the petitioner a Gold Overdraft facility 12 months articles. Unfortunately, 08.12.2023 and suffered available on the record as Annexure under Section 279 IPC was registered at Police S District Ferozepur with regard to the accident and copy thereof is at Annexure P-3. 6. The medical records extract of the aforesaid Xxxxx In the medical records Kumar at the time of his discharge. Relevant extract is reproduced below: 7. GCS neurological 2025 (O&M) (3) Rohit Kumar, who is the son of the petitioner verdraft facility of Rs.3,75,200/- on 29.09.2023, 12 months from respondent No.3-Axis Bank Unfortunately, three months later, and suffered serious injuries to his head ble on the record as Annexure P 4. A under Section 279 IPC was registered at Police S District Ferozepur with regard to the accident and copy thereof is at 3. medical records of Rohit Kumar have been annexed the aforesaid medical records is reproduced hereunder: “PRIVATE OPD CARD DAYANAND MEDICAL COLLEGE AND HOSPITAL, LUDHIANA Xxxxx Remarks:- Patient is not fully conscious, not able to communicate with others. Not able to understand, not able to sign. He is bedridden. Sd/-” the medical records there is also a reference to Kumar at the time of his discharge. Relevant extract is reproduced below: “xxxxxx Condition at the time of discharge: Patient GCS E4 VTR M4, PUPILS B/L REACTIVE TO LIGHT, PATIENT ACCEPTING RT FEED, VOIDING CATHETER AND AMBULATORY ON WHEEL CHAIR. SUTURES REMOVED AND WOUND CONDITION IS HEALTHY, TRACHEOSTOMY TUBE IN GCS which is the abbreviation for Glasgow Coma Scale scale used by medical experts to assess a person’s Rohit Kumar, who is the son of the petitioner, is stated to have availed on 29.09.2023, for a fixed term of Axis Bank by pledging certain gold three months later, he met with an accident on to his head. The medical report is 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 have been annexed and relevant is reproduced hereunder: DAYANAND MEDICAL COLLEGE AND HOSPITAL, Patient is not fully conscious, not able to communicate with others. Not able to understand, not able to there is also a reference to the status of Rohit Kumar at the time of his discharge. Relevant extract is reproduced below:- , 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.” abbreviation for Glasgow Coma Scale, is a scale used by medical experts to assess a person’s availed for a fixed term of gold he met with an accident on The medical report is FIR No.77 dated 15.12.2023 tation Talwandi Bhai, District Ferozepur with regard to the accident and copy thereof is at elevant the status of Rohit is a scale used by medical experts to assess a person’s SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 consciousness. treatment, but is bedridden and unable to communicate or comprehend everyday matters and is in a state akin to a comatose/vegetative state. 8. Respondent borrower-Rohit Kumar and Rs.4,25,815/ that if the amount was not paid on or before 17.12.2024 the gold pledged with the bank would be auctioned. deposited a sum of Rs.4 lakhs on the same date, the petitioner had also submitted an officials of the respondent no.3 loan obtained by her son and with the bank father and brother of that they have no objection if the gold articles are released to the petitioner. In response to the application of the petitioner, r mail (Annexure P appointment as 9. The petitioner had initially filed CWP to the respondent major son but to the petitioner to withdraw that writ and file a fresh one with better particulars. 10. This Court, by order dated 19.02.2025 directed respondent No.5 2025 (O&M) (4) consciousness. Ever since the accident, Rohit Kumar treatment, but is bedridden and unable to communicate or comprehend everyday matters and is in a state akin to a comatose/vegetative state. Respondent-Axis Bank issued notice dated 27.11.2024 Rohit Kumar stating that the loan account had become irregular and Rs.4,25,815/- was outstanding against the same. It was also mentioned that if the amount was not paid on or before 17.12.2024 the gold pledged with the bank would be auctioned. sum of Rs.4 lakhs on 17.12.2024 against the same date, the petitioner had also submitted an officials of the respondent no.3-Axis Bank seeking permission to repay the loan obtained by her son and that on her doing so, the gold articles deposited the bank be released in her favour. Affidavits father and brother of Rohit Kumar were also that they have no objection if the gold articles are released to the petitioner. In response to the application of the petitioner, r (Annexure P-11) to the petitioner asking her to approach appointment as a guardian to enable her to operate/ The petitioner had initially filed CWP to the respondent-Axis bank to recognize her as the major son but vide order of this Court dated 11.02.2025, liberty was granted to the petitioner to withdraw that writ and file a fresh one with better This Court, by order dated 19.02.2025 directed respondent No.5-SDM, Ferozepur 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 state. issued notice dated 27.11.2024 to the stating that the loan account had become irregular was outstanding against the same. It was also mentioned that if the amount was not paid on or before 17.12.2024 the gold articles pledged with the bank would be auctioned. Admittedly, the petitioner has 17.12.2024 against the demand notice. On the same date, the petitioner had also submitted an application to the Axis Bank seeking permission to repay the on her doing so, the gold articles deposited Affidavits dated 17.12.2024 of the were also submitted to the bank, stating that they have no objection if the gold articles are released to the petitioner. In response to the application of the petitioner, respondent No.3 sent an e- asking her to approach a Court for her operate/close the account. The petitioner had initially filed CWP-3539-2025, seeking directions Axis bank to recognize her as the legal guardian of her dated 11.02.2025, liberty was granted to the petitioner to withdraw that writ and file a fresh one with better This Court, by order dated 19.02.2025 had issued notice and had to get Rohit Kumar medically has been undergoing treatment, but is bedridden and unable to communicate or comprehend the stating that the loan account had become irregular was outstanding against the same. It was also mentioned es has On the Axis Bank seeking permission to repay the on her doing so, the gold articles deposited of the stating that they have no objection if the gold articles are released to the petitioner. - Court for her 2025, seeking directions legal guardian of her dated 11.02.2025, liberty was granted to the petitioner to withdraw that writ and file a fresh one with better issued notice and had to get Rohit Kumar medically SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 examined by a Board of Doctors to be constituted by Ferozepur with regard to 11. On the next date of hearing the family members did not permit the ambulance to take petitioner to the hospital the teams of doctors could visit the residence of the petitioner of the court could be complied with. Thereafter, learned State counsel had filed a short affidavit of the Sub 07.04.2025 along with with regard to the appeared to be somewhat vague and did not categorically state as to whether Rohit Kumar was in a comatose/vegetative state and therefore, unable to operate the loan account. 12. This court vide respondent No.4 Doctors to examine Rohit Kumar at his residence and submit a report as to whether he wa account. Thereafter, l Deputy Commissioner examination relevant extract of the “xxxxx Today on 10.04.2025, the undersigned Board Members visited the residence of Mr. Rohit Kumar who was medically examined and the report is as follows. Patient Rohit Kumar son of as per record, prese post road side accident (RSA) having subdural h 2025 (O&M) (5) examined by a Board of Doctors to be constituted by Ferozepur with regard to his physical and mental condition. On the next date of hearing, learned State counsel had submitted that the family members did not permit the ambulance to take petitioner to the hospital. He had, therefore, the teams of doctors could visit the residence of the petitioner of the court could be complied with. Thereafter, learned State counsel had filed a short affidavit of the Sub-Divisional Magistrate, Ferozepur dated 07.04.2025 along with the report of the Board of Doctors dated 12.03.2025 with regard to the medical condition of Rohit Kumar appeared to be somewhat vague and did not categorically state as to whether Rohit Kumar was in a comatose/vegetative state and therefore, unable to operate the loan account. This court vide order dated 08.04.2025, respondent No.4- Deputy Commissioner, Ferozepur Doctors to examine Rohit Kumar at his residence and submit a report as to was in a comatose/vegetative state and Thereafter, learned State counsel has filed Commissioner, Ferozepur dated 16.04.2025 examination report the Board of Doctors, relevant extract of the medical examination report is reproduced hereunder: “xxxxx Today on 10.04.2025, the undersigned Board Members visited the residence of Mr. Rohit Kumar who was medically examined and the report is as follows. Patient Rohit Kumar son of as per record, prese post road side accident (RSA) having subdural h examined by a Board of Doctors to be constituted by the Civil Surgeon, physical and mental condition. earned State counsel had submitted that the family members did not permit the ambulance to take the son of the . He had, therefore, sought some more time so that the teams of doctors could visit the residence of the petitioner and directions of the court could be complied with. Thereafter, learned State counsel had Divisional Magistrate, Ferozepur dated of the Board of Doctors dated 12.03.2025 Rohit Kumar. However, the report appeared to be somewhat vague and did not categorically state as to whether Rohit Kumar was in a comatose/vegetative state and therefore, unable to dated 08.04.2025, had, therefore, directed Deputy Commissioner, Ferozepur to constitute a Board of Doctors to examine Rohit Kumar at his residence and submit a report as to s in a comatose/vegetative state and unable to operate the loan earned State counsel has filed a short affidavit of the dated 16.04.2025 along with a medical which is taken on record. The medical examination report is reproduced hereunder: Today on 10.04.2025, the undersigned Board Members visited the residence of Mr. Rohit Kumar who was medically examined Patient Rohit Kumar son of as per record, presented a case of post road side accident (RSA) having subdural haemorrhage Civil Surgeon, earned State counsel had submitted that the son of the sought some more time so that irections of the court could be complied with. Thereafter, learned State counsel had Divisional Magistrate, Ferozepur dated of the Board of Doctors dated 12.03.2025 . However, the report appeared to be somewhat vague and did not categorically state as to whether Rohit Kumar was in a comatose/vegetative state and therefore, unable to directed to constitute a Board of Doctors to examine Rohit Kumar at his residence and submit a report as to te the loan the along with a medical which is taken on record. The SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 right frontal tempo parietal and left frontal with post traumatic hydrocephalus for which decompressive craniotomy (09.12.23) with VP shunting (18.03.2024) was done at DMC hospital, Ludhiana and is currently under follow up treatment from the same hospital. The Board is of the opinion that at present the patient is tracheostomized, unable to speak and on Ryles tube feed. patient is in a vegetative state, but the possibility of he recovering from the present condition cannot be ruled out It is, therefore a vegetative state 13. Once there is a positive affirmation that Rohit vegetative state, the petitioner being the mother of Rohit being issued declaring her to be his guardian? 14. The judgment by the Supreme Court in the case of Ramchandra perhaps the first judgement concerning a person in a comatose/vegetative case. In 2009, Ms. Pinki Virani (claiming to be the next friend of Nurse Aruna Ramchandra Shanbaug, who was vegetative state) filed a writ petition under Article 32 of the Constitution of India, seeking directions to and let her die peacefully. ending the life the Supreme Court had extracted the meaning of the ‘brain death’ from the literature Relevant extract 2025 (O&M) (6) right frontal tempo parietal and left frontal with post traumatic hydrocephalus for which decompressive craniotomy (09.12.23) with VP shunting (18.03.2024) was done at DMC hospital, Ludhiana and is currently under follow up treatment from the same hospital. The Board is of the opinion that at present the patient is tracheostomized, unable to speak and on Ryles tube feed. patient is in a vegetative state, but the possibility of he recovering from the present condition cannot be ruled out therefore, evident from the report state. 13. Once there is a positive affirmation that Rohit state, the only question that needs to be resolved is wh being the mother of Rohit Kumar is entitled to being issued declaring her to be his guardian? The judgment by the Supreme Court in the case of Ramchandra Shanbaug vs Union Of India & Ors, 2011 (4) SCC 454 perhaps the first judgement concerning a person in a comatose/vegetative In 2009, Ms. Pinki Virani (claiming to be the next friend of Nurse Aruna Ramchandra Shanbaug, who was vegetative state) filed a writ petition under Article 32 of the Constitution of India, seeking directions to the respondents to stop feeding Aruna Shanbaug, and let her die peacefully. The Supreme Court ending the life of a person in a persistent vegetative state. Supreme Court had extracted the meaning of the ’, ‘coma’, ‘vegetative state’ and from the literature furnished by the panel of expert doctors nominated by extract of the same is reproduced as under: right frontal tempo parietal and left frontal with post traumatic hydrocephalus for which decompressive craniotomy (09.12.23) with VP shunting (18.03.2024) was done at DMC hospital, Ludhiana and is currently under follow up treatment from the The Board is of the opinion that at present the patient is tracheostomized, unable to speak and on Ryles tube feed. The patient is in a vegetative state, but the possibility of he recovering from the present condition cannot be ruled out.” evident from the report that Rohit Kumar is, in fact, in 13. Once there is a positive affirmation that Rohit Kumar is in fact in a only question that needs to be resolved is whether the umar is entitled to a writ of mandamus being issued declaring her to be his guardian? The judgment by the Supreme Court in the case of Aruna Shanbaug vs Union Of India & Ors, 2011 (4) SCC 454, is perhaps the first judgement concerning a person in a comatose/vegetative In 2009, Ms. Pinki Virani (claiming to be the next friend of Nurse stated to be in a persistent vegetative state) filed a writ petition under Article 32 of the Constitution of respondents to stop feeding Aruna Shanbaug, The Supreme Court had examined the legality of of a person in a persistent vegetative state. In this judgment, Supreme Court had extracted the meaning of the technical terms like and ‘minimally conscious stage’ furnished by the panel of expert doctors nominated by it. as under: in umar is in fact in a ether the a writ of mandamus Aruna is perhaps the first judgement concerning a person in a comatose/vegetative In 2009, Ms. Pinki Virani (claiming to be the next friend of Nurse rsistent vegetative state) filed a writ petition under Article 32 of the Constitution of respondents to stop feeding Aruna Shanbaug, the legality of judgment, like ’ . SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 “ Brain death A state of prolonged irreversible cessation of all brain activity, Explanation: This is the most patient is unconscious, completely unresponsive, has no reflex activity from centres in the brain, and has no breathing efforts on his own. Aruna Shanbaug is clearly not brain dead. Coma Patients in coma have complete failure of the arousal system with no Explanation: These patients are unconscious. They cannot be preserve life. Aruna Shanbaug is clearly not in Coma. Vegetative State (VS) The complete absence of behavioral evidence for self or Explanation: Patients appear awake. They have normal heart beat for many years with expert nursing care. The following behaviours 2025 (O&M) (7) “Xxx Brain death A state of prolonged irreversible cessation of all brain activity, including lower brain stem function with the complete absence of voluntary movements, responses to stimuli, brain stem reflexes, and spontaneous respirations. Explanation: This is the most severe form of brain damage. The patient is unconscious, completely unresponsive, has no reflex activity from centres in the brain, and has no breathing efforts on his own. However the heart is beating. This patient can only be maintained alive by advanced life support (breathing machine or ventilator, drugs to maintain blood pressure, etc). These patients can be legally declared dead (`brain dead') to allow their organs to be taken for donation. Aruna Shanbaug is clearly not brain dead. Coma Patients in coma have complete failure of the arousal system with no spontaneous eye opening and are unable to be awakened by application of vigorous sensory stimulation. Explanation: These patients are unconscious. They cannot be awakened even by application of a painful stimulus. They have normal heart beat and breathing, and do not require advanced life support to preserve life. Aruna Shanbaug is clearly not in Coma. Vegetative State (VS) The complete absence of behavioral evidence for self or environmental awareness. There is preserved capacity for spontaneous or stimulus-induced arousal, evidenced by sleep cycles. .i.e. patients are awake, but have no awareness. Explanation: Patients appear awake. They have normal heart beat and breathing, and do not require advanced life support to preserve life. They cannot produce a purposeful, co response in a sustained manner, although they may have primitive reflexive responses to light, sound, touch or pain. They cannot understand, communicate, speak, or have emotions. They are unaware of self and environment and have no interaction with others. They cannot voluntarily control passing of urine or stools. They sleep and awaken. As the centres in the brain controlling the heart and breathing are intact, there is no threat to life, and patients can survive for many years with expert nursing care. The following behaviours may be seen in the vegetative state: A state of prolonged irreversible cessation of all brain activity, including lower brain stem function with the complete absence of voluntary movements, responses to stimuli, brain stem reflexes, and severe form of brain damage. The patient is unconscious, completely unresponsive, has no reflex activity from centres in the brain, and has no breathing efforts on his own. However the heart is beating. This patient can only be maintained d life support (breathing machine or ventilator, drugs to maintain blood pressure, etc). These patients can be legally declared dead (`brain dead') to allow their organs to be taken for Aruna Shanbaug is clearly not brain dead. Patients in coma have complete failure of the arousal system with no spontaneous eye opening and are unable to be awakened by application of vigorous sensory stimulation. Explanation: These patients are unconscious. They cannot be ation of a painful stimulus. They have normal heart beat and breathing, and do not require advanced life support to Aruna Shanbaug is clearly not in Coma. The complete absence of behavioral evidence for self or onmental awareness. There is preserved capacity for induced arousal, evidenced by sleep-wake cycles. .i.e. patients are awake, but have no awareness. Explanation: Patients appear awake. They have normal heart beat d do not require advanced life support to preserve life. They cannot produce a purposeful, co- ordinated, voluntary response in a sustained manner, although they may have primitive reflexive responses to light, sound, touch or pain. They cannot communicate, speak, or have emotions. They are unaware of self and environment and have no interaction with others. They cannot voluntarily control passing of urine or stools. They sleep and awaken. As the centres in the brain controlling the heart and eathing are intact, there is no threat to life, and patients can survive for many years with expert nursing care. The following behaviours SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 Sleep Patient breathes on her own Produce sounds but no words Brief, unsustained visual pursuit (following an object with her eyes) Grimacing to pain, changing facial expressions Yawning; chewing jaw movements Swallowing of her own spit Nonpu Reflex withdrawal from painful stimuli Brief movements of head or eyes toward sound or movement without Almost all of these features consistent with the diagnosis of permanent Aruna Shanbaug. Minimally Conscious State Some patients with severe alteration in consciousness have neurologic findi from VS by the partial preservation of conscious awareness. To make Following simple commands. • Gestural or verbal yes/no responses (regardless of accuracy). • Intelligible sounds • Purposeful behavior, including movements or emotional behaviors – – – – 2025 (O&M) (8) Sleep-wake cycles with eyes closed, then open Patient breathes on her own Spontaneous blinking and roving eye movements Produce sounds but no words Brief, unsustained visual pursuit (following an object with her eyes) Grimacing to pain, changing facial expressions Yawning; chewing jaw movements Swallowing of her own spit Nonpurposeful limb movements; arching of back Reflex withdrawal from painful stimuli Brief movements of head or eyes toward sound or movement without apparent localization or fixation Startles with a loud sound Almost all of these features consistent with the diagnosis of permanent vegetative state were present during the medical examination of Aruna Shanbaug. Minimally Conscious State Some patients with severe alteration in consciousness have neurologic findings that do not meet criteria for VS. These patients demonstrate some behavioral evidence of conscious awareness but remain unable to reproduce this behavior consistently. This condition is referred to here as the minimally conscious state (MCS). MCS is di from VS by the partial preservation of conscious awareness. To make the diagnosis of MCS, limited but clearly discernible evidence of self or environmental awareness must be demonstrated on a reproducible or sustained basis by one or more of th Following simple commands. • Gestural or verbal yes/no responses (regardless of accuracy). • Intelligible sounds • Purposeful behavior, including movements or emotional behaviors (smiling, crying) that occur in relation to relevant environmental stimuli and are not due to reflexive activity. Some examples of qualifying purposeful behavior include: – appropriate smiling or crying in response to the linguistic or visual content of emotional but not to neutral topics or stimuli – vocalizations or gestures that occur in direct response to the linguistic content of questions – reaching for objects that demonstrates a cl object location and direction of reach – touching or holding objects in a manner that accommodates the size and shape of the object – pursuit eye movement or sustained fixation that occurs in direct response to moving or salient stimuli. wake cycles with eyes closed, then open ntaneous blinking and roving eye movements Brief, unsustained visual pursuit (following an object with her eyes) Grimacing to pain, changing facial expressions rposeful limb movements; arching of back Reflex withdrawal from painful stimuli Brief movements of head or eyes toward sound or movement without Almost all of these features consistent with the diagnosis of permanent vegetative state were present during the medical examination of Some patients with severe alteration in consciousness have neurologic ngs that do not meet criteria for VS. These patients demonstrate some behavioral evidence of conscious awareness but remain unable to reproduce this behavior consistently. This condition is referred to here as the minimally conscious state (MCS). MCS is distinguished from VS by the partial preservation of conscious awareness. To make the diagnosis of MCS, limited but clearly discernible evidence of self or environmental awareness must be demonstrated on a reproducible or sustained basis by one or more of the following behaviors: • Gestural or verbal yes/no responses (regardless of accuracy). • Purposeful behavior, including movements or emotional behaviors (smiling, crying) that occur in relation to relevant environmental stimuli and are not due to reflexive activity. Some examples of qualifying purposeful behavior include: ing or crying in response to the linguistic or visual content of emotional but not to neutral topics or stimuli vocalizations or gestures that occur in direct response to the reaching for objects that demonstrates a clear relationship between object location and direction of reach touching or holding objects in a manner that accommodates the size pursuit eye movement or sustained fixation that occurs in direct . SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 15. Before adverting to the merits of the case, we deem it appropriate to make referen appointed. They are as (a) The Guardians and Wards Act, 1890 (b) The National Trust Act for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. ( ( 16. It is trite that the appointment case, the son of has no applicability to the case in ha for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 ‘national trust various conditions Palsy and Mental Retardation perusal of the same person who is in a vegetative or comatose state. 17. Sections 52 and 53 of t for the appointment of mentally ill person of the same 2025 (O&M) (9) None of the above behaviours suggestive of a Minimally Conscious State were observed during the examination of Aruna Shanbaug. Before adverting to the merits of the case, we deem it appropriate to make reference to the existing legislations under which a guardian could be They are as follows: - (a) The Guardians and Wards Act, 1890 (b) The National Trust Act for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. (c) The Mental Health Care Act, 2017. (d) The Rights of Persons with Disabilities Act, 2016. It is trite that the ‘Guardians and Wards Act, 1890 appointment of a guardian, but only in the case of son of the petitioner is an adult and is unmarried has no applicability to the case in hand. Insofar as for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999’ is concerned, it was enacted to create a national trust’ which would ensure the welfare of persons suffering from the conditions mentioned in the legislation Mental Retardation etc. have been defined in the the same would reveal that this legislation also does not person who is in a vegetative or comatose state. Sections 52 and 53 of the erstwhile Mental Health Act, 1987 appointment of a ‘guardian’ by the District Court mentally ill person who was incapable of taking care of himself Act also empowered the District Court None of the above behaviours suggestive of a Minimally Conscious State were observed during the examination of Aruna Shanbaug.” Before adverting to the merits of the case, we deem it appropriate to under which a guardian could be (a) The Guardians and Wards Act, 1890 (b) The National Trust Act for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple ) The Mental Health Care Act, 2017. Rights of Persons with Disabilities Act, 2016. and Wards Act, 1890’ provides for in the case of a minor. In the instant the petitioner is an adult and is unmarried and thus, this Act Insofar as ‘The National Trust Act for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation is concerned, it was enacted to create a which would ensure the welfare of persons suffering from the egislation. Although autism, Cerebral have been defined in the aforesaid Act, a would reveal that this legislation also does not cover a person who is in a vegetative or comatose state. Mental Health Act, 1987 provided by the District Court for taking care of a who was incapable of taking care of himself. Section 54 the District Court to appoint a ‘Manager’ Before adverting to the merits of the case, we deem it appropriate to under which a guardian could be (b) The National Trust Act for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple provides for instant and thus, this Act The National Trust Act for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation is concerned, it was enacted to create a which would ensure the welfare of persons suffering from the Although autism, Cerebral Act, a cover a d a Section 54 ’ SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 for the management of these provisions are Section 2(l) of the Act to mean reason of any mental disorder other than mental retardation Health Act, 1987 was Act, 2017. This Act services to persons suffering from certain mental illnesses connected and incidental thereto. 2(s) of the Act A bare perusal of the same shows that this Act concerning persons who are in a vegetative/comatose state. 18. It is, thus, manifest that there for the appointment of a guardian for a comatose/vegetative state. Counsel for the States of Punjab, Haryana and U.T., Chandigarh are idem, that there guardian for a 19. During arguments, it was submitted by counsel for the respondents that in the absence of an 2025 (O&M) (10) management of the property of the these provisions are for a mentally ill person Section 2(l) of the Act to mean a person who reason of any mental disorder other than mental retardation Health Act, 1987 was repealed and was replaced by t . This Act has been enacted to provide for mental health care services to persons suffering from certain mental illnesses connected and incidental thereto. Mental Illness has been defined in 2(s) of the Act which is reproduced hereunder: “2. Definitions (s) “mental illness” means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, spec characterised by subnormality of intelligence. A bare perusal of the same shows that this Act concerning persons who are in a vegetative/comatose state. It is, thus, manifest that there is no statutory provision which provides appointment of a guardian for a comatose/vegetative state. Learned counsel for the parties including the the States of Punjab, Haryana and U.T., Chandigarh are that there is no existing statute which pertains guardian for an adult person who is in a vegetative/comatose state. During arguments, it was submitted by counsel for the respondents the absence of any specific legislation the mentally ill person. However, mentally ill person. The term has been defined in who is in need of treatment by reason of any mental disorder other than mental retardation. The Mental repealed and was replaced by the Mental Health Care enacted to provide for mental health care services to persons suffering from certain mental illnesses and matters llness has been defined in Section which is reproduced hereunder: (s) “mental illness” means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs ecognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, specially by subnormality of intelligence.” A bare perusal of the same shows that this Act also has no provision concerning persons who are in a vegetative/comatose state. statutory provision which provides appointment of a guardian for an adult, who is in a Learned counsel for the parties including the the States of Punjab, Haryana and U.T., Chandigarh are also ad pertains to the appointment of a vegetative/comatose state. During arguments, it was submitted by counsel for the respondents legislation in such situations, the However, in in need of treatment by The Mental he Mental Health Care enacted to provide for mental health care and matters Section has no provision statutory provision which provides who is in a Learned counsel for the parties including the ad appointment of a During arguments, it was submitted by counsel for the respondents such situations, the SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 appropriate statutory remedy may be of the Code of Civil Procedure,1908 relating to matters provides that the relation to guardianship of the person or the custody of any minor or other member of the family, under a disability not been explained and, therefore, it is include within its scope, 20. It is not in dispute that the creditor here is a private bank and t petitioner instead of approaching the by preferring the instant writ petition. unfortunate mother whose adult son is in a vegetative state. Therefore, to non-suit her, merely on the ground of ex would be harsh and of an alternative remedy by itself, cannot be an absolute bar for this Court to invoke its writ jurisdiction. Reference can be made to the judgment of the Supreme Court in the case of Trademarks, Mumbai reproduced hereunder: “14. The power to issue prerogative writs under Article 226 of the Constitution is plenary in nature and is not limited by any other provision of the Constitution. This only for issuing writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the Fundamental Rights contained in Part III of the Constitution but also “any other purpose”. regard to the facts of the case, has a discretion to entertain or not to entertain a writ petition. But the High Court has imposed upon itself 2025 (O&M) (11) appropriate statutory remedy may be to file a civil suit under of the Code of Civil Procedure,1908 which deals with suits matters concerning ‘family’. Rule 1(2)(c) provides that the Order XXXIIA shall apply to a suit or relation to guardianship of the person or the custody of any minor or other member of the family, under a disability. However, t not been explained and, therefore, it is difficult within its scope, a person who is in a comatose/vegetative state. It is not in dispute that the creditor here is a private bank and t oner instead of approaching the Civil Court has approached this Court by preferring the instant writ petition. However, t unfortunate mother whose adult son is in a vegetative state. Therefore, to suit her, merely on the ground of existence of an alternative remedy harsh and highly unjust. Furthermore, i of an alternative remedy by itself, cannot be an absolute bar for this Court to invoke its writ jurisdiction. Reference can be made to the judgment of the Supreme Court in the case of Whirlpool Corporation v Registrar of marks, Mumbai AIR 1999 SC 22. The relevant extract of the same is reproduced hereunder: “14. The power to issue prerogative writs under Article 226 of the Constitution is plenary in nature and is not limited by any other provision of the Constitution. This power can be exercised by the High Court not only for issuing writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the Fundamental Rights contained in Part III of the Constitution but also “any other purpose”. 15. Under Article 226 of the Constitution, the High Court, having regard to the facts of the case, has a discretion to entertain or not to entertain a writ petition. But the High Court has imposed upon itself a civil suit under Order XXXIIA which deals with suits or proceedings Rule 1(2)(c) of Order XXXIIA shall apply to a suit or a proceeding in relation to guardianship of the person or the custody of any minor or other However, the word ‘disability’ has difficult to interpret the same as to a person who is in a comatose/vegetative state. It is not in dispute that the creditor here is a private bank and the ivil Court has approached this Court However, the petitioner is an unfortunate mother whose adult son is in a vegetative state. Therefore, to istence of an alternative remedy, Furthermore, it is trite that the existence of an alternative remedy by itself, cannot be an absolute bar for this Court to invoke its writ jurisdiction. Reference can be made to the judgment of the Whirlpool Corporation v Registrar of he relevant extract of the same is “14. The power to issue prerogative writs under Article 226 of the Constitution is plenary in nature and is not limited by any other provision power can be exercised by the High Court not only for issuing writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the Fundamental Rights contained in Part III of the Constitution but also for 15. Under Article 226 of the Constitution, the High Court, having regard to the facts of the case, has a discretion to entertain or not to entertain a writ petition. But the High Court has imposed upon itself A or proceedings of Order XXXIIA proceeding in relation to guardianship of the person or the custody of any minor or other word ‘disability’ has to interpret the same as to he ivil Court has approached this Court he petitioner is an unfortunate mother whose adult son is in a vegetative state. Therefore, to , t is trite that the existence of an alternative remedy by itself, cannot be an absolute bar for this Court to invoke its writ jurisdiction. Reference can be made to the judgment of the Whirlpool Corporation v Registrar of he relevant extract of the same is “14. The power to issue prerogative writs under Article 226 of the Constitution is plenary in nature and is not limited by any other provision power can be exercised by the High Court not only for issuing writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the for 15. Under Article 226 of the Constitution, the High Court, having regard to the facts of the case, has a discretion to entertain or not to entertain a writ petition. But the High Court has imposed upon itself SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 certain restricti remedy is available, the High Court would not normally exercise its jurisdiction. Court not to operate as a bar in at least three conting where the writ petition has been filed for the enforcement of any of the Fundamental Rights or where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without jurisdiction or the vir 21. Moreover, this Court, while exercising writ jurisdiction under Article 226 of the Constitution of India is empowered, besides issuance of writs, to issue orders and directions as may be warranted in the peculiar facts and circumstances to meet the particular requirements of a case justice. Reference can be made to the judgment of the Supreme Court in the case of Dwarka Nath vs In SC 81, the relevant extract of which is reproduced as under: facie confers a wide power on the high court to reach injustice wherever it prerogative writs. It enables the High Courts to mould th 2025 (O&M) (12) certain restrictions one of which is that if an effective and efficacious remedy is available, the High Court would not normally exercise its jurisdiction. But the alternative remedy has been consistently held by this Court not to operate as a bar in at least three conting where the writ petition has been filed for the enforcement of any of the Fundamental Rights or where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an Act is challenged Moreover, this Court, while exercising writ jurisdiction under Article 226 of the Constitution of India is empowered, besides issuance of writs, to issue orders and directions as may be warranted in the peculiar facts and circumstances, in the interest of justice. This Court can also mould the relief to meet the particular requirements of a case justice. Reference can be made to the judgment of the Supreme Court in the Dwarka Nath vs Income-Tax Officer, Special Circle AIR 1966 the relevant extract of which is reproduced as under: “This article is couched in comprehensive phraseology and it ex facie confers a wide power on the high court to reach injustice wherever it is found. The constitution designedly used a wide language in describing the nature of the power, the purposes for w authority against whom it can be exercised. It can issue writs in the nature of prerogative writs as understood in England; but the scope of those writs also is widened by the use of the expression "nature", for the said expression does not equate the writs that can be issued in India with the those in England, but only draws in analogy from them. That apart, High Courts can also issue directions, orders or writs other than the prerogative writs. It enables the High Courts to mould th the peculiar and complicated requirements of this country. Any attempt to equate the scope of the power of the High Court under article 226 of the Constitution with that of the English courts to issue prerogative writs is to introduce the unnecessary procedural restrictions grown over the years in a comparatively small country like England with a unitary from of Government to a vast country like India functioning under a federal structure. Such a construction defeats the purpose of the art ons one of which is that if an effective and efficacious remedy is available, the High Court would not normally exercise its But the alternative remedy has been consistently held by this Court not to operate as a bar in at least three contingencies, namely, where the writ petition has been filed for the enforcement of any of the Fundamental Rights or where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without es of an Act is challenged.” Moreover, this Court, while exercising writ jurisdiction under Article 226 of the Constitution of India is empowered, besides issuance of writs, to issue orders and directions as may be warranted in the peculiar facts and in the interest of justice. This Court can also mould the relief to meet the particular requirements of a case so as to further the cause of justice. Reference can be made to the judgment of the Supreme Court in the Tax Officer, Special Circle AIR 1966 the relevant extract of which is reproduced as under: “This article is couched in comprehensive phraseology and it ex facie confers a wide power on the high court to reach injustice wherever it is found. The constitution designedly used a wide language in describing the nature of the power, the purposes for which and the person or authority against whom it can be exercised. It can issue writs in the nature of prerogative writs as understood in England; but the scope of those writs also is widened by the use of the expression "nature", for the said oes not equate the writs that can be issued in India with the those in England, but only draws in analogy from them. That apart, High Courts can also issue directions, orders or writs other than the prerogative writs. It enables the High Courts to mould the reliefs to meet the peculiar and complicated requirements of this country. Any attempt to equate the scope of the power of the High Court under article 226 of the Constitution with that of the English courts to issue prerogative writs is to unnecessary procedural restrictions grown over the years in a comparatively small country like England with a unitary from of Government to a vast country like India functioning under a federal structure. Such a construction defeats the purpose of the article itself. To ons one of which is that if an effective and efficacious remedy is available, the High Court would not normally exercise its But the alternative remedy has been consistently held by this encies, namely, where the writ petition has been filed for the enforcement of any of the Fundamental Rights or where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without Moreover, this Court, while exercising writ jurisdiction under Article 226 of the Constitution of India is empowered, besides issuance of writs, to issue orders and directions as may be warranted in the peculiar facts and in the interest of justice. This Court can also mould the relief to further the cause of justice. Reference can be made to the judgment of the Supreme Court in the Tax Officer, Special Circle AIR 1966 “This article is couched in comprehensive phraseology and it ex facie confers a wide power on the high court to reach injustice wherever it is found. The constitution designedly used a wide language in describing hich and the person or authority against whom it can be exercised. It can issue writs in the nature of prerogative writs as understood in England; but the scope of those writs also is widened by the use of the expression "nature", for the said oes not equate the writs that can be issued in India with the those in England, but only draws in analogy from them. That apart, High Courts can also issue directions, orders or writs other than the e reliefs to meet the peculiar and complicated requirements of this country. Any attempt to equate the scope of the power of the High Court under article 226 of the Constitution with that of the English courts to issue prerogative writs is to unnecessary procedural restrictions grown over the years in a comparatively small country like England with a unitary from of Government to a vast country like India functioning under a federal icle itself. To SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 22. It is pertinent guardianship of a person, who is in a vegetative state and the petition has been filed by the mother, this Court is exercising its jurisdiction which is akin to the parens patriae a person, who is in a vegetative state and at the same time provide succ his family. Intervention by this Court is warranted and necessary as the Bank is insisting on a declaration of guardian by this Court, otherwise the account would be inoperative petitioner and her family members. Jahan v. Ashokan K.M. & Ors. of ‘parens patriae “ jurisdiction in matters of child custody treating the welfare of the child as the paramount concern. There the parens patriae principle and the same is required to be invoked only in exceptional situations. We may like to give some examples. For example, where a person is mentally ill and is produced before the court in habeas corpus, the court may invoke the aforesaid doctrine. On certain other occasions, when a girl who is not a major has eloped with a person and she is produced at the behest of habeas corpus filed by her parents and she expresses fear of life exercise the jurisdiction to send her to an appropriate home meant to give shelter to women where her interest can be best taken care of till she becomes a major. 23. It is the the exigencies of 2025 (O&M) (13) say this is not to say that the High Courts can function arbitrarily under this Article. Some limitations are implicit in the article and others may be evolved to direct the article through defined channels.” pertinent to note that as the instant case concerns the guardianship of a person, who is in a vegetative state and the petition has been filed by the mother, this Court is exercising its jurisdiction which is parens patriae jurisdiction. The Court a person, who is in a vegetative state and at the same time provide succ Intervention by this Court is warranted and necessary as the Bank is insisting on a declaration of guardian by this Court, otherwise the account would be inoperative, resulting in further petitioner and her family members. The Supreme Court in Jahan v. Ashokan K.M. & Ors.(2018)16 SCC 368 parens patriae’ principle, and observed as under: “39. Constitutional Courts in this country exercise parens patriae jurisdiction in matters of child custody treating the welfare of the child as the paramount concern. There are situations when the Court can invoke the parens patriae principle and the same is required to be invoked only in exceptional situations. We may like to give some examples. For example, where a person is mentally ill and is produced before the court in habeas corpus, the court may invoke the aforesaid doctrine. On certain other occasions, when a girl who is not a major has eloped with a person and she is produced at the behest of habeas corpus filed by her parents and she expresses fear of life in the custody of her parents, the court may exercise the jurisdiction to send her to an appropriate home meant to give shelter to women where her interest can be best taken care of till she becomes a major.” the sacred and bounden duty of a Constitutional Court to adapt to the exigencies of the prevailing situation, as say this is not to say that the High Courts can function arbitrarily under this Article. Some limitations are implicit in the article and others may be evolved to direct the article through defined channels.” instant case concerns the issue of guardianship of a person, who is in a vegetative state and the petition has been filed by the mother, this Court is exercising its jurisdiction which is The Court has to secure the rights of a person, who is in a vegetative state and at the same time provide succour to Intervention by this Court is warranted and necessary as the Bank is insisting on a declaration of guardian by this Court, otherwise the loan resulting in further financial hardship to the he Supreme Court in the case of Shafin (2018)16 SCC 368, has considered the scope and observed as under: 39. Constitutional Courts in this country exercise parens patriae jurisdiction in matters of child custody treating the welfare of the child as are situations when the Court can invoke the parens patriae principle and the same is required to be invoked only in exceptional situations. We may like to give some examples. For example, where a person is mentally ill and is produced before the court in a writ of habeas corpus, the court may invoke the aforesaid doctrine. On certain other occasions, when a girl who is not a major has eloped with a person and she is produced at the behest of habeas corpus filed by her parents in the custody of her parents, the court may exercise the jurisdiction to send her to an appropriate home meant to give shelter to women where her interest can be best taken care of till she sacred and bounden duty of a Constitutional Court to adapt to situation, as the law is not static but keeps say this is not to say that the High Courts can function arbitrarily under this Article. Some limitations are implicit in the article and others may be issue of guardianship of a person, who is in a vegetative state and the petition has been filed by the mother, this Court is exercising its jurisdiction which is secure the rights of r to Intervention by this Court is warranted and necessary as the Bank loan hardship to the Shafin has considered the scope 39. Constitutional Courts in this country exercise parens patriae jurisdiction in matters of child custody treating the welfare of the child as are situations when the Court can invoke the parens patriae principle and the same is required to be invoked only in exceptional situations. We may like to give some examples. For example, a writ of habeas corpus, the court may invoke the aforesaid doctrine. On certain other occasions, when a girl who is not a major has eloped with a person and she is produced at the behest of habeas corpus filed by her parents in the custody of her parents, the court may exercise the jurisdiction to send her to an appropriate home meant to give shelter to women where her interest can be best taken care of till she sacred and bounden duty of a Constitutional Court to adapt to law is not static but keeps SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 evolving to meet the changing requirements of the society. Courts in somewhat similar 226 of the Constitution of India in a vegetative/comatose state the Kerala High Court in the case of Kerala 2019 SCC On High Court in the case of another, 2020 SCC On Vandana Tyagi 24. The Division Bench of the guidelines in the case of (supra). The High Court, had also issued vs. State/NCT guardians in such like cases. absence of any legislat guardian of a person who is in a vegetative/co are required to Chandigarh, These directions would as well as to ameliorate the plight of family members of the persons who are in a comatose/vegetative time as a suitable legislation is appointed qua follows :- 2025 (O&M) (14) to meet the changing requirements of the society. in somewhat similar circumstances, h 226 of the Constitution of India for appointment of a guardian for a person in a vegetative/comatose state. Reference can be made to the judgement of rala High Court in the case of Shobha Gopalakrishnan 2019 SCC OnLine Ker 739, the High Court in the case of Rajni Hariom Sharma v another, 2020 SCC OnLine Bom 880 and Vandana Tyagi vs. State/NCT, 2020 SCC On Division Bench of the Kerala High Court had issued guidelines in the case of Shobha Gopalakrishnan The Delhi High Court, while relying upon this High Court, had also issued certain guidelines vs. State/NCT (supra), which were to be guardians in such like cases. This court is of the absence of any legislative framework regarding the guardian of a person who is in a vegetative/co are required to be issued to the States of Punjab, Haryana and U.T., which are similar to the ones issued by the Delhi High Court. directions would be in furtherance of the object of imparting justice, as well as to ameliorate the plight of family members of the persons who are in a comatose/vegetative state. These directions time as a suitable legislation is enacted, as qua persons in comatose state. The to meet the changing requirements of the society. Various High circumstances, have issued writs under article for appointment of a guardian for a person Reference can be made to the judgement of Shobha Gopalakrishnan vs. State of division bench of the Bombay Rajni Hariom Sharma vs. Union of India and and Delhi High Court in the case of , 2020 SCC OnLine Del 32. la High Court had issued various Shobha Gopalakrishnan vs. State of Kerala gh Court, while relying upon this judgment of Kerala guidelines in the case of Vandana Tyagi were to be applicable for appointment of of the considered view that in the garding the appointment of a guardian of a person who is in a vegetative/comatose state, certain directions the States of Punjab, Haryana and U.T., to the ones issued by the Delhi High Court. be in furtherance of the object of imparting justice, as well as to ameliorate the plight of family members of the persons who are These directions will be applicable till such enacted, as to how guardians are to be The directions being issued are as Various High under article for appointment of a guardian for a person Reference can be made to the judgement of s. State of Bombay s. Union of India and Delhi High Court in the case of various vs. State of Kerala la Vandana Tyagi applicable for appointment of considered view that in the a directions the States of Punjab, Haryana and U.T., to the ones issued by the Delhi High Court. be in furtherance of the object of imparting justice, as well as to ameliorate the plight of family members of the persons who are applicable till such to how guardians are to be as SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 (i) vis-à-vis an individual, who is lying in comatose state, shall in their petition to the and intangible assets of such an individual. The details as to their location and approximate market value sha case of bank accounts, stocks, shares, and debentures and other investments are concerned, material particulars will be provided. (ii) examined by a duly constituted Medical Bo include, inter alia, a neurologist. (iii) whose jurisdiction the person lying in comatose is said to be located to carry out an enquiry to establish the veracity of the assertion an person(s) who approach the court for being appointed as guardians. The enquiry will, inter alia, gather information as regards the relationship that the person(s) who wish to be appointed as guardians has/hav comatose state. Information with regard to the financial condition of persons wanting to be appointed as guardians shall also be collected apart from other aspects which may have a material bearing in their discharging the duties of interest concerning the affairs of the person lying in comatose state will be brought to fore in the report generated during the course of the enquiry. 2025 (O&M) (15) A person(s) who seek(s) to be appointed as vis an individual, who is lying in comatose state, shall in their petition to the High Court disclose the details of all tangible and intangible assets of such an individual. The details as to their location and approximate market value sha case of bank accounts, stocks, shares, and debentures and other investments are concerned, material particulars will be provided. The High Court will have the person lying in comatose examined by a duly constituted Medical Bo include, inter alia, a neurologist. The court will also direct the SDM/Tahsildar concerned in whose jurisdiction the person lying in comatose is said to be located to carry out an enquiry to establish the veracity of the assertion and to gather material particulars concerning the person(s) who approach the court for being appointed as guardians. The enquiry will, inter alia, gather information as regards the relationship that the person(s) who wish to be appointed as guardians has/have with the person lying in comatose state. Information with regard to the financial condition of persons wanting to be appointed as guardians shall also be collected apart from other aspects which may have a material bearing in their discharging the duties of interest concerning the affairs of the person lying in comatose state will be brought to fore in the report generated during the course of the enquiry. A person(s) who seek(s) to be appointed as the guardian vis an individual, who is lying in comatose state, shall in ourt disclose the details of all tangible and intangible assets of such an individual. The details as to their location and approximate market value shall also be disclosed. In case of bank accounts, stocks, shares, and debentures and other investments are concerned, material particulars will be provided. will have the person lying in comatose examined by a duly constituted Medical Board which would The court will also direct the SDM/Tahsildar concerned in whose jurisdiction the person lying in comatose is said to be located to carry out an enquiry to establish the veracity of the d to gather material particulars concerning the person(s) who approach the court for being appointed as guardians. The enquiry will, inter alia, gather information as regards the relationship that the person(s) who wish to be e with the person lying in comatose state. Information with regard to the financial condition of persons wanting to be appointed as guardians shall also be collected apart from other aspects which may have a material of a guardian. Any conflict of interest concerning the affairs of the person lying in comatose state will be brought to fore in the report generated during the SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 (iv) who is person lying in comatose. The person seeking appointment as a guardian in his petition to the court will, however, disclose the particulars of all legal heirs of the person lying in comatose. In the event, the person lying in comatose has neither a spouse nor any children or even any legal heirs or if he/she has such persons in his life but stands abandoned by them the permission of the court his next friend who wishes to be appointed as a guardian can approach the court request. In the alternative, the court could direct the Department of Social Welfare/Social Security such as a Social Welfare Officer or a person holding equivalent rank to act as the guardian of the person lying in comatose state. (v) otherwise in law competent to act as a guardian. (vi) specify the assets qu The court will be empowered to modify the order and bring within its sweep other assets, if required, in the interest of the person lying in comatose state. In case liquid funds are not available and there is a req person lying in comatose state, upon the guardian approaching the court, necessary directions could be passed in that behalf. 2025 (O&M) (16) Ordinarily only that person will be appointed as guardian who is either a parent or a sibling or a spouse or a progeny of the person lying in comatose. The person seeking appointment as a guardian in his petition to the court will, however, disclose the particulars of all legal heirs of the person lying in comatose. In he event, the person lying in comatose has neither a spouse nor any children or even any legal heirs or if he/she has such persons in his life but stands abandoned by them the permission of the court his next friend who wishes to be appointed as a guardian can approach the court request. In the alternative, the court could direct the Department Social Welfare/Social Security to appoint a public official such as a Social Welfare Officer or a person holding equivalent ank to act as the guardian of the person lying in comatose state. Only that person shall be appointed as a guardian who is otherwise in law competent to act as a guardian. The order directing appointment of a guardian shall specify the assets qua which the guardianship order is passed. The court will be empowered to modify the order and bring within its sweep other assets, if required, in the interest of the person lying in comatose state. In case liquid funds are not available and there is a requirement to sell the assets of the person lying in comatose state, upon the guardian approaching the court, necessary directions could be passed in that behalf. Ordinarily only that person will be appointed as guardian a spouse or a progeny of the person lying in comatose. The person seeking appointment as a guardian in his petition to the court will, however, disclose the particulars of all legal heirs of the person lying in comatose. In he event, the person lying in comatose has neither a parent or a spouse nor any children or even any legal heirs or if he/she has such persons in his life but stands abandoned by them, subject to the permission of the court his next friend who wishes to be appointed as a guardian can approach the court, with such a request. In the alternative, the court could direct the Department to appoint a public official such as a Social Welfare Officer or a person holding equivalent ank to act as the guardian of the person lying in comatose state. Only that person shall be appointed as a guardian who is otherwise in law competent to act as a guardian. The order directing appointment of a guardian shall a which the guardianship order is passed. The court will be empowered to modify the order and bring within its sweep other assets, if required, in the interest of the person lying in comatose state. In case liquid funds are not uirement to sell the assets of the person lying in comatose state, upon the guardian approaching the court, necessary directions could be passed in that behalf. SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 (vii) months (or within such period order) a report with the Registrar General of this Court. The report shall advert to the transactions undertaken by the guardian in respect of the assets of the person lying in comatose state. Besides this, the report shal received by the guardian and their utilisation for the purposes of maintaining the person lying in comatose state. (viii) register to be maintained which will set of the proceedings, the particulars of the person appointed as a guardian and orders, if any, passed after the appointment of the guardian. Measures will also be taken by the Registrar General to preserve the reports filed by th (ix) temporarily or for a limited period, as may be deemed fit. (x) his/her power or misappropriates, assets of the person lying in comatose state or fails to utilise the assets in the best interest of the person lying in comatose state, the court would have the power to remove the guardian and appoint another person in his/her p could also be a public officer such as a Social Welfare Officer or an officer holding an equivalent rank. 2025 (O&M) (17) The person appointed as a guardian will file every six (6) months (or within such period as the court may indicate in its order) a report with the Registrar General of this Court. The report shall advert to the transactions undertaken by the guardian in respect of the assets of the person lying in comatose state. Besides this, the report shall also indicate the funds, if any, received by the guardian and their utilisation for the purposes of maintaining the person lying in comatose state. The Registrar General of this Court will cause a separate register to be maintained which will set of the proceedings, the particulars of the person appointed as a guardian and orders, if any, passed after the appointment of the guardian. Measures will also be taken by the Registrar General to preserve the reports filed by the guardian from time to time. It will be open to the court to appoint a guardian either temporarily or for a limited period, as may be deemed fit. In the event, the guardian appointed by the court misuses his/her power or misappropriates, siphons or misutilises the assets of the person lying in comatose state or fails to utilise the assets in the best interest of the person lying in comatose state, the court would have the power to remove the guardian and appoint another person in his/her place. The substituted person could also be a public officer such as a Social Welfare Officer or an officer holding an equivalent rank. The person appointed as a guardian will file every six (6) as the court may indicate in its order) a report with the Registrar General of this Court. The report shall advert to the transactions undertaken by the guardian in respect of the assets of the person lying in comatose state. l also indicate the funds, if any, received by the guardian and their utilisation for the purposes of maintaining the person lying in comatose state. The Registrar General of this Court will cause a separate register to be maintained which will set out inter alia the details of the proceedings, the particulars of the person appointed as a guardian and orders, if any, passed after the appointment of the guardian. Measures will also be taken by the Registrar General to e guardian from time to time. It will be open to the court to appoint a guardian either temporarily or for a limited period, as may be deemed fit. In the event, the guardian appointed by the court misuses siphons or misutilises the assets of the person lying in comatose state or fails to utilise the assets in the best interest of the person lying in comatose state, the court would have the power to remove the guardian and lace. The substituted person could also be a public officer such as a Social Welfare Officer or SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 (xi) appointment to the public official/Social Welfare Officer or officer of an equivalent rank designated by the guardian as well as the Registrar General of this Court will cause a copy of the order of guardianship being served upon such officer. Such officer shall visit the person lying in comatos least once in every quarter. The Social Welfare Officer will generate a report of his visit. In case the Social Welfare Officer finds that the guardian appointed by the court is not acting in the best interest of the person lying in comatose state, he the court, at the earliest, for seeking appropriate directions. (xii) transactions entered into by him or her comport with the relevant provisions of the law. (xiii) comatose state finds that the guardian is not acting in the best interest of the person lying in comatose state, such person will also have the locus to approach the court for issuance of appropriate directions and/o (xiv) comatose state to another state or even to another country for the purposes of securing better medical treatment for the person lying in comatose state, he/she w necessary permission before undertaking such an exercise. 2025 (O&M) (18) The guardian appointed by the court shall intimate his appointment to the public official/Social Welfare Officer or officer of an equivalent rank designated by the guardian as well as the Registrar General of this Court will cause a copy of the order of guardianship being served upon such officer. Such officer shall visit the person lying in comatos least once in every quarter. The Social Welfare Officer will generate a report of his visit. In case the Social Welfare Officer finds that the guardian appointed by the court is not acting in the best interest of the person lying in comatose state, he the court, at the earliest, for seeking appropriate directions. The guardian appointed by the court will ensure that the transactions entered into by him or her comport with the relevant provisions of the law. In case a relative or a next friend of the person lying in comatose state finds that the guardian is not acting in the best interest of the person lying in comatose state, such person will also have the locus to approach the court for issuance of appropriate directions and/or for removal of the guardian. In case, the guardian wishes to move the person lying in comatose state to another state or even to another country for the purposes of securing better medical treatment for the person lying in comatose state, he/she would approach the court for necessary permission before undertaking such an exercise. The guardian appointed by the court shall intimate his appointment to the public official/Social Welfare Officer or officer of an equivalent rank designated by the State/U.T. Both the guardian as well as the Registrar General of this Court will cause a copy of the order of guardianship being served upon such officer. Such officer shall visit the person lying in comatose at least once in every quarter. The Social Welfare Officer will generate a report of his visit. In case the Social Welfare Officer finds that the guardian appointed by the court is not acting in the best interest of the person lying in comatose state, he will move the court, at the earliest, for seeking appropriate directions. The guardian appointed by the court will ensure that the transactions entered into by him or her comport with the relevant or a next friend of the person lying in comatose state finds that the guardian is not acting in the best interest of the person lying in comatose state, such person will also have the locus to approach the court for issuance of r for removal of the guardian. In case, the guardian wishes to move the person lying in comatose state to another state or even to another country for the purposes of securing better medical treatment for the person ould approach the court for necessary permission before undertaking such an exercise. SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 25. Copies of Punjab, Haryana and U.T., Chandigarh 26. Insofar as the Rohit Kumar appointment as guardian. Affidavits have also been filed by the other family members of Rohit Kumar which includes his father and brother that th petitioner be appointed as a guardian. record as Annexure 27. This court the petitioner and impart her hesitation to direct as follows i) ii) iii) iv) 2025 (O&M) (19) Copies of the orders be sent for compliance to the Chief Secretary Punjab, Haryana and U.T., Chandigarh respectively Insofar as the instant writ is concerned, Rohit Kumar, who is in a vegetative state. S appointment as guardian. Affidavits have also been filed by the other family members of Rohit Kumar which includes his father and brother that th petitioner be appointed as a guardian. These affidavits are avai record as Annexure P-6 to P-8. This court, therefore, deems it necessary to ameliorate the plight of the petitioner and impart her complete justice hesitation to direct as follows :- The petitioner is appointed as the the OD account No.923030054631860 Kumar who is in a vegetative/comatose state She would be entitled to operate the All authorities shall accept her status as such. The Member Secretary of the Punjab Authority shall monitor functioning guardian of Mr. Rohit Kumar every a report in that regard to the Authority, which shall be comp years. If it is found necessary for extension of the period of monitoring or in case of any exigency, Member Secretary of Punjab State Legal Services Authority shall be at liberty to move the High Court. orders be sent for compliance to the Chief Secretary of respectively. writ is concerned, the petitioner is the mother of , who is in a vegetative state. She has filed an affidavit for her appointment as guardian. Affidavits have also been filed by the other family members of Rohit Kumar which includes his father and brother that the These affidavits are available on the it necessary to ameliorate the plight of justice and consequently will have no the guardian of Rohit Kumar qua 923030054631860 belonging to Rohit vegetative/comatose state. operate the OD account. All authorities shall accept her status as such. The Member Secretary of the Punjab State Legal Services ority shall monitor functioning of the petitioner as guardian of Mr. Rohit Kumar every 3 months and shall submit a report in that regard to the Punjab State Legal Services , which shall be compiled with for a period of two years. If it is found necessary for extension of the period of monitoring or in case of any exigency, Member Secretary of e Legal Services Authority shall be at liberty to of he petitioner is the mother of he has filed an affidavit for her appointment as guardian. Affidavits have also been filed by the other family e ble on the it necessary to ameliorate the plight of no qua belonging to Rohit Legal Services of the petitioner as months and shall submit State Legal Services two years. If it is found necessary for extension of the period of monitoring or in case of any exigency, Member Secretary of e Legal Services Authority shall be at liberty to SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document CWP-4571-2025 28. With the above directions, the writ petition is disposed of. 29. Registry to furnish a copy of this judgment to Member Secretary, Punjab State Legal Services Authority for doing 30. Before parting with the judgement, i already paid Rs.4 lakhs out of a sum of Rs.4,25,815/ the balance sum is due along with interest and other charges. expects that in view of the medical condition of the respondent and also consider waiving of interest and other charges. Pronounced on SwarnjitS 2025 (O&M) (20) With the above directions, the writ petition is disposed of. Registry to furnish a copy of this judgment to Member Secretary, Punjab State Legal Services Authority for doing Before parting with the judgement, it is noted paid Rs.4 lakhs out of a sum of Rs.4,25,815/ the balance sum is due along with interest and other charges. that in view of the medical condition of respondent bank will consider settling the loan account sympathetically consider waiving of interest and other charges. (ANUPINDER SINGH GREWAL) (DEEPAK MANCHANDA) ronounced on: 03.07.2025. Whether speaking/reasoned Whether reportable With the above directions, the writ petition is disposed of. Registry to furnish a copy of this judgment to Member Secretary, Punjab State Legal Services Authority for doing the needful. t is noted that the petitioner has paid Rs.4 lakhs out of a sum of Rs.4,25,815/-. As per respondents, the balance sum is due along with interest and other charges. This court that in view of the medical condition of the borrower-Rohit Kumar, consider settling the loan account sympathetically consider waiving of interest and other charges. (ANUPINDER SINGH GREWAL) JUDGE (DEEPAK MANCHANDA) JUDGE Whether speaking/reasoned : Yes / No : Yes / No Registry to furnish a copy of this judgment to Member Secretary, has . As per respondents, This court Rohit Kumar, consider settling the loan account sympathetically SWARNJIT SINGH 2025.07.03 16:50 I attest to the accuracy and integrity of this document