The Delhi High Court has appointed Professor Alka Acharya as the legal guardian of her husband, Mr. Salam Khan, who has been in a vegetative state since February 2025. Justice Sachin Datta, exercising the court’s parens patriae jurisdiction, granted the petitioner the authority to manage her husband’s movable and immovable assets to ensure his continued medical care and welfare.
Background of the Case
The petitioner, Professor Alka Acharya, approached the High Court seeking appointment as the legal guardian of her husband, Mr. Salam Khan. The couple was married on June 28, 1989, and has two children, Ms. Tara Isha and Mr. Aryaan Ishan (Respondent Nos. 2 and 3), both of whom supported the petition.
On February 9, 2025, Mr. Salam Khan suffered a severe “Intracranial Haemorrhage” and underwent emergency lifesaving surgery at Apollo Hospital, Sarita Vihar, Delhi. Despite the surgery, he did not regain consciousness. He was subsequently discharged on March 14, 2025, in a comatose state.
The petitioner submitted that her husband remains bedridden, requiring 24-hour nursing care, and is dependent on a Ryle’s tube for feeding and a Tracheostomy tube for breathing. The petition highlighted that substantial funds are required for his ongoing treatment and household expenses. Since Mr. Khan’s assets, including bank accounts and mutual funds, were either solely in his name or jointly held where his signature was required, the petitioner was unable to access them.
Medical Board’s Findings
Pursuant to the Court’s previous directions, a Medical Board was constituted by the All India Institute of Medical Sciences (AIIMS) to assess Mr. Khan’s condition. The Board examined the patient and submitted a report confirming his vegetative state. The Court noted the Board’s conclusion that Mr. Khan was suffering from “severe neurological deficit” and was incapable of taking care of himself or making informed decisions.
Legal Vacuum and Parens Patriae Jurisdiction
The Court analyzed the existing statutory framework regarding guardianship for persons in a comatose state. It observed that the Mental Healthcare Act, 2017 and the Rights of Persons with Disabilities Act, 2016 (RPWD Act) do not explicitly provide for the appointment of a guardian for persons lying in a comatose or vegetative state who are not technically suffering from a “mental illness” as defined under the 2017 Act or a “disability” necessitating limited guardianship under the 2016 Act.
The Court observed that while the RPWD Act allows for “limited guardianship,” it does not envisage “plenary guardianship” required for a person in a comatose state who is completely incapable of making decisions.
Faced with this statutory vacuum, the Court relied on the doctrine of parens patriae (parent of the nation). This doctrine empowers the constitutional court to act as the supreme guardian of persons who are incapable of looking after themselves.
Court’s Observations and Decision
Justice Sachin Datta observed that leaving the family without a legal remedy would be contrary to the interests of justice and the welfare of the patient. The Court stated:
“The Court cannot be a helpless spectator when a person is in a comatose state and his assets are locked up, preventing his family from utilizing the same for his treatment and welfare.”
The Court held that in the absence of a specific statutory provision, the High Court, in the exercise of its writ jurisdiction under Article 226 of the Constitution of India, can appoint a guardian to manage the affairs of a person in a comatose state.
Consequently, the Court allowed the petition and appointed Professor Alka Acharya as the legal guardian of Mr. Salam Khan.
Directions on Assets
The Court granted Prof. Acharya the liberty to deal with the movable and immovable assets of Mr. Salam Khan for his medical and daily expenditures. Specifically, the Court permitted her to handle the following assets:
A. Assets solely held by Mr. Salam Khan:
- HDFC Bank Account (No. 50300680664191)
- HDFC Bank Account (No. 50300322183565)
- HDFC Fixed Deposit (No. 50300607228147)
- Kotak Bank Mutual Fund (Folio No. 10028246/06)
- Axis Bank Mutual Fund (Folio No. 910143140481)
- TATA AIA Policy (U193211243)
- Vehicle Renault Triber (Registration No. DL8CAZ2252)
B. Assets jointly held:
- Flat C-004, Ground Floor, Block-C, Kairali CGHS Ltd., Sector 3, Dwarka Phase-I, New Delhi.
The Court clarified that the petitioner is bound to use these assets strictly for the benefit and welfare of Mr. Salam Khan.
Case Details
Case Title: Professor Alka Acharya vs. Govt. of NCT of Delhi and Ors.
Case No: W.P.(C) 16793/2025
Coram: Justice Sachin Datta
Counsel for Petitioner: Mr. Lzabeer Ahmad and Mr. Kartikeya Sharma
Counsel for Respondents: Ms. Nitika Bhutani (for GNCTD)
