Facing a petition for “mercy killing” of a former nurse of Mumbai’s King Edward Memorial Hospital reduced to vegetable existence for the past 36 years following a brutal sexual assault, the Supreme Court on Monday appointed a team of three expert doctors to examine her before any such plea could be considered.
Describing the “euthanasia” plea, moved by Pinki Virani on behalf of ex-nurse Aruna Ramachandra Shanbaug as “very delicate and sensitive”, a bench of Justices Markandey Katju and Gyan Sudha Misra directed the team to submit a comprehensive report about her true physical condition, saying, “We don’t want to commit a judicial murder”.
The team will comprise Dr J.V. Divatia, head of anaesthesia department of Tata Memorial Hospital; Dr Roop Gursahanti, neurologist at Hinduja hospital and Dr Nilesh Shah HoD of psychiatry at Tilak medical college.
They were directed to submit the report by February 22 to enable the court to have a final hearing on Ms Virani’s plea.
Since the issue involved the Constitutional question related to the right of life and various other intricacies of the law as there was no provision in the country’s legal system for “mercy killing”, the top court wanted to examine the matter from all angle before any decision.
“We have not made up our mind. We have to examine the issue with all angels legislative or executive, whether the court has power to pass any order or it was for the government to take a decision we don’t know,” the bench said while issuing notice to the attorney-general, seeking his assistance in a rare petition of this nature. The top court also appointed senior advocate T.R. Andhyarujina as amicus curiae in the case to render legal help in the complex case, while clarifying that it will first examine the legality of Ms Virani’s “euthanasia” plea and her “locus standi” as the next friend” of the ex-nurse.
Shanbaug was assaulted by the hospital cleaner while on duty.