New Delhi: A two-judge Supreme Court bench on Wednesday pronounced a split verdict on a plea of the Centre seeking recall of its order dated October 9 allowing termination of the 26-week pregnancy of a married woman.
After the split verdict, a bench comprising Justice Hima Kohli and Justice BV Nagarathna directed to place the plea of the Centre for recall of earlier order dated October 9 before Chief Justice of India DY Chandrachud for being marked to an appropriate bench for adjudication.
Hearing the matter on Wednesday, Justice Kohli said that she was not inclined to permit the Delhi-based married woman to terminate her pregnancy, Justice Nagarathna dismissed Centre’s plea seeking recall of the October 9 order, saying that the previous order was well considered.
A bench comprising Justice Hima Kohli and Justice BV Nagarathna on October 9 had allowed the plea of the married woman – who contended that she was not in a position mentally, emotionally and financially to raise an unplanned third child – seeking termination of her pregnancy and had directed AIIMS to admit her for terminating her 26-week pregnancy on Tuesday.
However, a bench headed by Chief Justice of India DY Chandrachud on Tuesday asked AIIMS to defer termination of pregnancy of the woman after the Centre sought recall of the October 9 order by the bench of Justice Hima Kohli and Justice BV Nagarathna.
The Centre, represented by Additional Solicitor General Aishwarya Bhati, told the bench headed by CJI Chandrachud that the October 9 order was passed by the top court bench recommending termination of pregnancy despite a medical board giving opinion that the baby had a viable chance of being born and the doctors will have to conduct a foeticide.
“Can you come with a formal application for recall (of the order). We will place before the bench which passed the order. The AIIMS doctors are in a very serious dilemma… I will constitute a bench tomorrow morning. Please ask AIIMS to hold for now,” the bench headed by CJI Chandrachud had said on Tuesday.
