A Supreme Court bench of Justice Markandey Katju and Justice Gyan Sudha Misra on Monday ruled out a mercy killing petition filed in favour of Aruna Shanbaug (63), who was brutally raped in 1973 and remains in a 'persistent vegetative state' in Mumbai's King Edward Memorial (KEM) Hospital.
Speaking to reporters, Moily said: "There is no question of concurring or not with the judgment. But in fact, they (Supreme Court) are right that without a law you cannot resort to this kind of a decision with a judicial order."
Justice Katju in his ruling said that active euthanasia is illegal as there is no statutory provision to support it.
However, the court said: "Passive euthanasia is permissible under certain conditions with the approval of the high court."
The court further said the high court will grant its approval after getting the opinion of three eminent doctors and hearing the government and the close relatives of the terminally ill patient sought to be put under passive euthanasia.
The apex court also stated that this will be the law of the land for passive euthanasia in the case of terminally ill patients till an appropriate law is enacted on the issue.