JUDGMENT S.P. Kulkarni and P.S. Brahme, JJ. - This petition with the consent of the both sides is taken up for hearing as it involves facts giving exposure to a rather pathetic consideration. 2 The petition has been filed through the mother as the petitioner Ku. Pranjali is herself a girl of about 10 years of age, she is suffering from an ailment of a serious type and the treatment given to her so far yielded no relief to her. The ailment is described to expose the petitioner to the agonies with the thought of ending her life for hovering' around her, she therefore through her mother asks for a permission to receive mercy killing to put a full - stop to her sorrowful condition and also because of a further inability of the family to defray expenses for her ailment, to be cured. 3 On the face of it we find that the petition involves consideration of the type which may provide us with experience and mature assistance and we are happy that after the appointment of an Advocate to represent the petitioner and the learned A.P.P. Shri Dhote having taken a notice on behalf of the State to make appropriate submission, we have heard them. 4 Their unanimous submissions need no further examination except the fact that under the established law together with the right to live having been visualised by us as constitutionally recognised and approved alongwith the fact that the petitioner herself being a minor she is notable to make up her mind one way or the other and in respect of this subject her mother could not have taken a decision for and on her behalf for the prayer of this kind and therefore, we are clear in our view that any such permission as sought is unthinkable and could not have been granted by the court. We refuse to consider the request for permission for a mercy killing.
We refuse to consider the request for permission for a mercy killing. 5 The second aspect as we visualise to propose may, be the active factor in the presentation of this petition is that the girl is exposed to painful agonies of the disease, the family does not have economic condition to furnish any financial assistance for getting the girl cured and therefore, with the assistance of both the sides we have considered that an arrangement which could be done as guided by Shri Daga and as agreed by Shri Dhote representing the State could be of the following type: 6 The petitioner's mother should be informed that in the event of the petitioner is suffering from cancer or such serious disease, she can receive charitable medical aid from Sant Tukdoji Maharaj Cancer Hospital situated at Manewada Road at Nagpur. So far as the subject of medicines are concerned the Dean Government Medical College situated at Nagpur, shall be under obligation to supply the medicine to the girl' as required under the advise of the expert doctors in the branch of Cancer. The local Tahsildar so also the Station Officer of the local Police Station where the girl is noticed to have been confined (Chandur Bazar) will furnish at the Government expenses required transport for carrying the patient from the said place upto the place of hospitals at Nagpur, namely, Government Medical College Hospital, Nagpur and Shri Sant Tukdoji Maharaj Cancer Hospital, Nagpur. 7. In the above arrangement, it is said that medical expertise would be available to the patient so also the financial burden for purchasing medicines and supplying to the patient will also be available through the Government Medical College, Hospital at Nagpur. 8 The Station Officer of the police station at Chandur Bazar is directed to serve this information to the petitioner's mother named Shobhabai Ganeshrao Rohi and forward the report of compliance to this court within 5 days from today. 9 In the event of the petitioner's guardian namely the mother or the father agreeing to receive the benefit of the above arrangement, they shall inform the Station House Officer accordingly who shall then take steps as an emergency/measury to provide necessary assistance to carry out this order.
9 In the event of the petitioner's guardian namely the mother or the father agreeing to receive the benefit of the above arrangement, they shall inform the Station House Officer accordingly who shall then take steps as an emergency/measury to provide necessary assistance to carry out this order. 10 The Station House Officer shall be under obligation to report to this court the availment or otherwise of the facility which has been reported to us, and available to the patient within one week from today. 11 Mr. Daga, representing the petitioner has at this stage no further submission to make, as according to him in the event of the above arrangement materialised and is availed of by the patient, according to him that may solve the present problem of the petitioner. The petitioner's guardian will be at liberty to receive and legal guidance if so wanted from Shri Daga, as Shri Daga agrees to render such services if demanded. Station Officer. Chandur Bazar shall also inform the parents of the petitioner this facility made available by Shri M.R Daga, Advocate free of any charge. We record this order on, the strength of the above - facilities being reported by Shri Dhote for the State, as available to a poor patient like the petitioner. On this concession made before us we record the above order without more. Petition disposed of accordingly.