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'Sense of urgency required not lackadaisical attitude,' SC on Guj HC deferring termination of pregnancy plea

By LAWSTREET NEWS NETWORK      20 August, 2023 01:42 AM      0 Comments
'Sense of urgency required not lackadaisical attitude,' SC on Guj HC deferring termination of pregnancy plea

NEW DELHI: The Supreme Court on Saturday pulled up the Gujarat High Court for adjourning a plea for termination of pregnancy of a rape victim for 12 days, saying in such cases should be dealt with some sense of urgency.

The court noted that due to lackadaisical attitude, valuable time has been lost. Every day is crucial in such cases, it said.

After conducting a special sitting on a closed day for the top court, a bench of Justices B V Nagarathna and Ujjal Bhuyan sought a fresh report from medical board at Bharuch to ascertain the possibility of removal of foetus of the 25-year-old woman victim.

Appearing for the petitioner, a counsel submitted the High Court posted the matter on August 23 by which her pregnancy would become 28-week, even though the matter was filed on August 7 and heard on August 11.

He also submitted that the HC's order was not even available on record.

"How can we even pass an order if the impugned order is only not there. Valuable days have been lost in just postponing this case. See in such cases there must be a sense of urgency and not a lackadaisical attitude. We are sorry to make such remarks. We will list it as first matter on Monday," the bench said.

The court further said since valuable time has already been lost, a fresh report may be sought from the medical board at Bharuch.

"We direct the petitioner to appear before KMCRI to be examined once again and the latest status report may be submitted to this court by tomorrow evening by 6 PM.  Same shall be put up before this court on Monday. The matter shall be taken as the first item on board," the bench said.

The woman-petitioner has come to know of her pregnancy on August 4 and she filed the writ petition before the High Court on August 7, her counsel said.



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