The woman, who already has two children, told the court she suffers from various health issues, and is financially and emotionally unable to raise a third child. New Delhi: The Supreme Court has delivered a split verdict on a government plea to recall permission to a woman to terminate a 26-week pregnancy. Justice Hima Kohli and Justice BV Nagarathna, who on Monday allowed the termination request, today differed in light of a report by the All India Institute of Medical Sciences, which said the foetus is "viable", i.e., it has a strong possibility of survival.

Justice Kohli said she is now disinclined to permit the woman to terminate her pregnancy. Justice Nagarathna dismissed the government's plea, saying the bench's previous order was well-reasoned. The matter has now been referred to Chief Justice DY Chandrachud to be assigned to a larger bench. On Monday, the woman told this bench that she suffers from health issues, including postnatal depression, and is unable to raise a third child. The court accepted her abortion request. On Tuesday the government filed the AIIMS report and asked the court to recall its order. "Why only after our order? Why were they not candid earlier? Which court wants to stop a foetus with a heartbeat? Certainly not us, for heaven's sake," an anguished Justice Hima Kohli demanded. "There is a way to overturn a court order (but) not like this. Why after order was passed? It is not like we did not hear you," Justice Kohli and Justice BV Nagarathna said, "She is under more stress now..." The court also criticised the government for failing to mention this point in Monday's hearing. "When one bench of this court decides a matter... without any pleading how can you move an intra-court appeal before a three judge bench...," Justice Nagarathna said. "If the Union of India starts doing this, tomorrow a private party will also do this... every bench is the Supreme Court. We are one court.... Speaking for myself, I would not appreciate this..." she added.