On December 31, 2025, the Delhi High Court appointed Professor Alka Acharya as the legal guardian of her husband Salam Khan, who has been in continuous coma since February 2025 due to severe intracranial hemorrhage. Justice Sachin Dutta, using the court’s *parens patriae* jurisdiction, granted Acharya the authority to manage Khan’s medical care, finances and property to ensure his well-being.
Khan suffered a brain hemorrhage on February 9, 2025, following which he underwent emergency surgery at Apollo Hospital in Sarita Vihar, Delhi. He was transferred to Fortis Hospital, Vasant Kunj, on February 14, and was discharged on April 11, 2025, but remained unconscious, requiring a tracheostomy tube for breathing and a Ryle tube for feeding. A medical certificate from Fortis dated April 11, 2025 confirms Khan’s “bed-ridden” and “unconscious” condition. G.B. A medical board at the Pant Institute confirmed his 100% disability and inability to take decisions, which was also supported by a sub-divisional magistrate’s report, which confirmed Acharya’s claims and the absence of any adverse interest.
Acharya, who has been married to Khan since June 1989 and has two adult children, had sought guardianship to manage his assets, including bank accounts, mutual funds and properties, to meet ongoing medical and household expenses. The court found a “legal lacuna” in existing laws such as the Mental Healthcare Act, 2017 and the Rights of Persons with Disabilities Act, 2016, which do not provide for guardianship for persons in coma. Citing previous judgments, Justice Dutta gave Acharya the right to handle Khan’s movable and immovable properties for his care.
This landmark judgment underlines the role of the judiciary in protecting vulnerable persons in the absence of clear legal provisions, and ensuring dignity and care for those lying in coma.
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