AYAN KUMAR DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Kaman, learned counsel for the petitioners; Ms. P. Sarma, learned counsel appearing on behalf of the respondent Nos. 1 and 2; Mr. R. Chakraborty, learned counsel appearing on behalf of the respondent No. 9; and Mr. B. Gogoi, learned counsel appearing on behalf of the respondent No. 3. I have also heard Ms. S. Sarma, learned counsel appearing for the Assistant Commissioner, Kamrup(M), Assam and Mrs. R.S. Choudhury, learned counsel appointed by this Court as Amicus Curiae.

(2.) In the instant writ petition, the question that arises for consideration is as to whether in law and on facts the petitioner can be appointed as guardian of the mother of the petitioners who is in 'persistent vegetative state' and 'coma'.

(3.) The brief facts of the instant case are that the petitioner No. 1 is the son and the petitioner No. 2 is the daughter of Smt. Madhumita Das. The said Madhumita Das herein after referred to as the mother of the petitioners was living in Naharlagun in Arunachal Pradesh and was found in an unconscious state in the morning of 18/12/2020. She was thereupon brought to Guwahati for treatment and was initially admitted to the Apollo Hospitals, Guwahati on 19/12/2020. Thereafter on 20/12/2020, she underwent emergency recompressive Craneictomy with evacuation of SDH and ICH Surgery. On the basis of the said surgery, a part of the skull of the petitioners' mother was removed. Post surgery, the mother of the petitioners was in ventilation support and in comatose state and vegetative state. On 13/1/2021 she was discharged from Apollo Hospitals, Guwahati.