CUTTACK: In a significant development in the kidney sale cases haunting the Twin City, the Orissa High Court on Thursday granted interim bail to the Director of Seven Hills Hospital, Visakhapatnam, N Prabhakar Babu while leaving the matter open for CBI probe.
A division bench comprising Justice I Mohanty and Justice S K Sahoo observed that the Appropriate Authority headed by Director of Medical Education and Training (DMET) was at the liberty to either investigate the case or entrust the probe with the CBI. The investigating officer in the kidney sale case pertaining to Dr Babu should immediately file a complaint with the Appropriate Authority.
The bench stated that the State police did not have the power to investigate cases of organ theft or irregularities in transplants under the Transplant of Human Organ Act, 1994. While ruling that the police could not file any FIR relating to organ transplant, it also observed that the police did not have the orders of the Appropriate Authority. Even in the sections under IPC attached to the case, the police have not recorded any reasons.
It granted interim bail to Dr Babu against a surety of `10 lakh and two local sureties of the like amount. Another `2 lakh should be deposited in a nationalised bank and the SDJM Cuttack was at liberty to set any other condition for his release.
The court, however, issued a set of directions instructing the State Government to frame guidelines to regulate organ transplantations and check illegalities like kidney sale and theft.
Govt Asked to Frame Guidelines
The bench stated that the State police did not have the power to investigate cases of organ theft or irregularities in transplants under the Transplant of Human Organ Act, 1994.
The court issued a set of directions instructing the State Government to frame guidelines to regulate organ transplantations and check illegalities like kidney sale and theft.
About four cases of kidney sale have surfaced in the Twin City in the past three months.
Expressing concern that the hospitals in and outside the State are not keen to scrutinise the cases for their veracity which has led to duping of innocent people, the bench ordered all State governments to ensure no case from Odisha is handled without no objection
certificate (NOC) from competent authorities of the State.
All organ transplantation involving recipients and donors from Odisha should have the NOC from the State-level Authorisation Committee. A compliance report should be submitted by the Government within the next date of hearing on October 20.
Dr Babu had been arrested by Bhubaneswar-Cuttack Commissionerate Police in connection with a kidney transplant on the basis of forged documents.
The donor, Namita Nayak of Cuttack, had been lured by promise of `3 lakh and was presented as the wife of the patient Mohan Lenka of Bhubaneswar with the help of forged documents, including voter I-card, marriage photos, certificate and even residential certificate from Tehsildar.
About four cases of kidney sale have surfaced in the Twin City in the past three months.
The police have busted a racket involved in the case and arrested several persons.