The bench accepted the respondent's assurance of providing free HIV treatment to affected persons and decided to dispose of the public interest litigation accordingly.
Petition disposed on acceptance of government assurance to provide free HIV treatment to affected persons.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 75 OF 2009 ALONGWITH P.I.L. NO. 85 OF 2006
Network of Maharashtra People with HIV(NMP +) .. Petitioner.
V/s.
Union of India & Ors.
. .. Respondents.
Mr. Firoz Palkhiwala i/by Khaitan & Jayakar for the Petitioner. Mr. J.P. Sen i/by Ms. K.A. Shah for Respondent No.12. Mr. V.A. Gangal i/by A.T.Gade for Respondent No.13. Ms. Geeta Joglekar for the BMC. Mr. D.V.Siroya i/by L.J.Law for the Petitioner in PIL No. 85/2006.
CORAM : SWATANTER KUMAR, C.J. & A.M. KHANWILKAR, J.
DATED : 13TH AUGUST, 2009
P.C. :
The learned counsel appearing for the Respondents submits that the competent Authority has taken a decision to provide free of cost appropriate treatment to the Petitioners, who are allegedly suffering from HIV Positive
and in addition to them if any other patient comes they will also be
examined and if found suffering from HIV positive, a similar treatment will
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be provided to them. Statement accepted. In view of this the petition is
disposed of.
CHIEF JUSTICE
A. M. KHANWILKAR,J.
1 issue framed by the court
Whether the petition regarding HIV treatment needs any further consideration given the government's assurance of free treatment.
Network of Maharashtra People with HIV(NMP +)
Union of India
Others
SWATANTER KUMAR
A.M. KHANWILKAR
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
