ASHWINI Vs. STATE OF MAHARASHTRA AND OTHERS.

JUDGEMENT

(1.) In view of extreme urgency made out in the case, the petition is taken up for hearing through video conferencing.

(2.) Heard Shri Muhammad Aseem, learned counsel for the petitioner and Smt.Vaishali Jadhav, AGP for the respondents.

(3.) The petitioner, who is married woman and carrying pregnancy of 21 weeks, approached this Court seeking following reliefs:- "B] [a] By issuing writ of mandamus and or any other appropriate writ, order and/or direction in the like manner, the petitioner may kindly be referred to medical opinion of the Medical Board at the Government Medical College and Hospital, Aurangabad (GHATI) for having a conclusive expert opinion as to whether the petitioner's pregnancy needs to be medically terminated in view of the risk factors as contemplated by Section 3 of the Medical Termination of Pregnancy Act, 1971. OR IN THE ALTERNATE [b] By issuing writ of mandamus and or any other appropriate writ, order and/or direction in the like manner, to constitute a medical committee/board of not less two registered medical practitioners at Beed District Hospital, Beed, if not constituted, and direct them to examine the petitioner an opine as to whether the petitioner's pregnancy needs to be medically terminated in view of the risk factors as contemplated by Section 3 of the Medical Termination of Pregnancy Act, 1971. C] By issuing writ of mandamus and or any other appropriate writ, order and/or direction in the like manner, due to the inter-district travel prohibition on account of COVID-19 pandemic, the Superintendent of Police, Beed and Commissioner of Police, Aurangabad may kindly be directed to allow the petitioner and her husband to travel back and forth to the Government Medical College and Hospital, Aurangabad, for the medical examination of the petitioner in the eventuality of allowing of prayer clause (B)(a) by this Hon'ble Court. D] By issuing writ of mandamus and or any other appropriate writ, order and/or direction in the like manner, permission may kindly be granted to the petitioner to carry out medical termination of pregnancy in accordance with the report so presented by the Medical Board, Government Medical College and Hospital, Aurangabad or the registered medical practitioners of the Beed District Hospital, Beed."