1. On 24th July, 2017, this Court had passed the following order:-

"Heard Mr. Colin Gonsalves, learned senior counsel along with Ms. Sneha Mukherjee, learned counsel for the petitioners.

A copy of the writ petition has been served on Mr. Nishant Katneshwarkar, learned standing counsel for the State of Maharashtra-respondent No.2.

It is submitted by Mr. Colin Gonsalves, learned senior counsel that the petitioner is at present pregnant and her pregnancy is of 22 weeks who has been examined by Dr. K.N. Singh, a Paediatric Neurologist and has recorded the following findings:

"Sonography examination of gravid uterus (anomaly scan) done at Lilavati Hospital and Research Centre on 24.06.2017 showed both lateral ventricles are moderately dialated. Lateral ventricle at atrium measures: 14 mm. Hence, fetal MRI which is more sensitive was performed at Global Hospitals, Parel on 28.6.2017 which revealed moderate symmetric dialatation of the lateral ventricles. Each ventricle measures approximately 1.6. cm at the level of the atrium. The cavum septum pellucidum is well visualised. There is mild dialation of the third ventricle. Fourth ventricle is normal. The cerebral aueduct is not visualised. No flow is detected in the cerebral aqueduct. There is thinning of the surrounding cortical mantle and white matter.

Impression:

MRI of the fetal brain reveals moderate symmetric obstructive hypocephalus. These findings are consistent with cerebral stenosis. There is thinning of the brain parenchyma.

The dilatation of the ventricles is likely to increase with the passage of time and may increase significantly before delivery causing harm to the developing brain and possibly cognitive impairment. After birth bay will need neurosurgical procedure like shunting which may be quite costly."

In view of the aforesaid, we are inclined to direct that the petitioner shall be examined by Medical Board consisting of Heads of the Departments of Gynecology, Neurology and Cardiology of J.J. Hospital at Mumbai. The examination shall take place within two days. Mr. Katneshwarkar, learned standing counsel appearing for the State of Maharashtra shall see to it that the authorities make all the arrangements.

Let the matter be listed on Friday, 28th July, 2017. The report shall be brought in a sealed cover by Mr. Katneshwarkar and produced before us on the date fixed for hearing."

2. In pursuance of the aforesaid order, the petitioner No.1 has been examined by a team of experts of Sir J.J. Group of Hospitals. The observations of the Obstetrician and Gynecologist reads as follows:-

"Pregnancy diagnosed in second month of preganancy at Matoshri Ramabai Ambedkar Nager, Prasuti Graha, Chembur Naka, Mumbai by Urinary Pregnancy Test. OPD No.564, dt.20/03/2017

- USG done by Dr. Anirudha Badade, MD. DMRD., on 27/03/2017 shows pregnancy of 8 weeks 4 days.

- Her second visit was on 02/05/2017.

- In her third visit on 13/06/2017 she was advised fetal anomaly scan.

- Anomaly scan done on by Dr. Anirudha Badade, MD. DMRD., 23/06/2017 shows 21 weeks 1 day pregnancy.

- It shows ventriculomegaly (SIV) atrial diameter 13 mm.

- USG done at Lilawati Hospital 24/06/2017 shows lateral ventricle 14 mm. Isolated bilateral moderate lateral ventriculomegaly.

- Fetal MRI done at Global Hospital dt.28/06/2017 showed moderate symmetrical obstructive Hydrocephalus consistent with cerebral aqueductal stenosis with thinning of parenchyma.

- Dr. Deepak Ugra, MD. (PAED) FRCPCH (London). Consultant Pediatricial at Lilawati Hospital, Research Centre, Mumbai on 30/06/2017 opined that the a very high probability that the baby will have a significant brain damage.

- On 04/07/2017 Dr. K.N. Shah, Pediatric Neurologist states that dilatation of ventricles is likely to increase with the passage of time and may increase significantly before delivery causing harm to the developing brain and possibly cognitive impairment. After birth, baby will need neurological procedure like shunting which may be quite costly."

3. The Neurologist, who examined the petitioner No.1, has opined thus:-

"As per fetal MRI done on 28/06/2017 the fetus has complex Neurological condition called Aqueductal Stenosis and Hydrocephalus. This condition will continue to progress putting pressure effect on the brain. After the delivery, surgical treatment may be offered which entails risk of mortality and morbidity. In spite of best possible treatment the Neurological out come is guarded in nature."

The opinion of the Cardiologist is as follows:-

"I have gone through the Ultrasonographic records of the fetus. The records do not reveal any fetal heart structural abnormalities at this time."

4. The final opinion of the Committee reads as follows:-

"Patient spontaneously expressed her desire not to continue with the pregnancy. She has also submitted a letter which states that she desires termination of pregnancy since there is substantial risk of mortality and morbidity in the fetus if born alive.

We find that continuation of pregnancy shall pose severe mental injury to her. We have explained hazards of the procedure which she has understood. Such terminations can only be possible if awarded by Honble Supreme Court."

5. In view of the individual opinions of the Obstetrician and Gynecologist and the Neurologist and the ultimate opinion of the Committee, we are inclined to allow the prayer (a), as prayed for by the petitioners in the writ petition.

6. Be it noted, almost on similar circumstances, in the case of Sarmishtha Chakrabortty and Another v. Union of India Secretary and Others, 2017(3) R.C.R.(Civil) 757 : 2017(4) Recent Apex Judgments (R.A.J.) 305 : Writ Petition (C) No.431 of 2017. D/d. 3rd July, 2017., we had passed the following order:-

"Regard being had to the aforesaid and keeping in view the report of the Medical Board, we are inclined to allow the prayer and direct medical termination of pregnancy of the 1st petitioner at the IPGMER-SSKM Hospital. The termination procedure to be carried out forthwith by the competent authorities of the IPGMER-SSKM Kolkata. For the sake of clarity, we may hasten to add that Mr. Gonsalves, upon obtaining instructions, has agreed for the said hospital. When we say, carried out forthwith it depends when the 1st petitioner and her husband go to the hospital, it shall be conducted without any delay."

7. In the present case, we direct that the medical termination of pregnancy of the petitioner No.1, shall be carried out forthwith at Sir JJ Group of Hospitals, Mumbai, by the competent doctors after the petitioner No.1 and her husband approach the hospital. Be it stated, no delay shall be brooked.

8. Let a copy of the order passed today be handed over to Ms. Sneha Mukherjee, learned counsel appearing for the petitioners and Mr. Nishant Ramakantrao Katneshwarkar, learned counsel for the State of Maharashtra so that they can do the needful. The medical report submitted by Mr. Katneshwarkar be kept on record.

9. The writ petition stands disposed of. There shall be no order as to costs.