LI Network
Published on: October 4, 2023 at 11:50 IST
The Kerala High Court has temporarily suspended the summons issued by the Judicial First Class Magistrate Court to Lakeshore Hospital and eight of its doctors.
The doctors were accused of illegally transplanting the liver and kidneys of an 18-year-old patient, in violation of the Transplantation of Human Organs Act (THOA), 1994.
Justice P.V. Kunhikrishnan issued this order after considering the case.
The victim sustained a head injury in an accident on November 29, 2009, and was initially admitted to Mar Baselious Hospital, Kothamangalam. He was subsequently transferred to Lakeshore Hospital, Ernakulam, on November 30, 2009, and was declared brain dead on December 1, 2009.
According to a private complaint lodged with the court, his kidneys and liver were allegedly harvested in violation of the law for transplantation to a Malaysian national.
The complainant, S. Ganapathy, a doctor himself, learned of the case through a news report in January 2019. After conducting an inquiry, he alleged that the organ transplantation had been conducted in gross violation of existing laws, with the victim’s parents having given consent under false pretenses. Ganapathy accused the doctors of criminal conspiracy, denying proper treatment to the victim, and transplanting his organs to a foreign national, resulting in substantial financial gains for the hospital.
Furthermore, Ganapathy alleged that the certification of brain death had been carried out by unauthorized doctors. He claimed that the doctors had not performed the Apnoea Test to confirm brain death, and, importantly, both hospitals where the victim had been admitted failed to evacuate blood from the cranial cavity.
The Magistrate Court found prima facie evidence and sufficient grounds to proceed with charges under Sections 18 (Punishment for removal of human organ without authority), 20 (Punishment for contravention of any other provision of the Act), and 21 (Offenses by companies) of THOA. Consequently, summons were issued to the hospital and some of its doctors in May 2023.
In response, the petitioners filed a plea before the High Court, asserting that the transplantation had been carried out following the necessary procedures and with proper authorization. They argued that conducting a magisterial inquiry parallel to the police investigation would violate the provisions of the Cr.P.C. and amount to harassment.
The petitioners also contended that the police had found no evidence of their culpability even after 12 years since the incident and 9 years since the second investigation began. They claimed that the prolonged investigation violated their fundamental rights under Articles 19(1)(g) and 21 of the Constitution.
Additionally, the petitioners stated that their actions were protected under Section 23 of the Transplantation of Human Organs and Tissues Act since they had acted in good faith.
The plea seeks the quashing of proceedings in the case before the Magistrate Court. It has been filed through Senior Advocate P. Vijayabhanu and Advocate Thomas J. Anakkallunkal.
Case Title: Lakeshore Hospital and Research Centre Pvt. Ltd. & Ors. v. State of Kerala & Anr.
