Kerala High Court
V.N.Mohan Raj vs Union Of India on 1 February, 2019
Author: Hrishikesh Roy
Bench: Hrishikesh Roy, A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY
&
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY,THE 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940
WP(C).No. 3052 of 2019
PETITIONER/S:
V.N.MOHAN RAJ, MSC. B.ED, LL.B,
AGED 61 YEARS
ADVOCATE, T.C. LAW CHAMBERS, COMBARA,
POOTHULLY BUILDING, 2ND FLOOR, ROOM NO. 3,
NEAR HIGH COURT, KOCHI-682 018
BY V.N.MOHAN RAJ(PARTY IN PERSON)
RESPONDENT/S:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF HOME AFFAIRS,
GRIH MANTRALAYA,NORTH BLOCK,
NEW DELHI-110 001
2 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
R1 BY SRI. P. VIJAYAKUMAR ASSISTANT SOLICITOR
GENERAL
R2 BY SRI. K.V. SOHAN, STATE ATTORNEY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C).3052/2019
2
JUDGMENT
Hrishikesh Roy, C.J.
The petitioner is a practising lawyer of this Court and has filed this Public Interest Litigation seeking court's intervention to prohibit donation of organs such as liver, kidneys, heart etc., even as a life saving exercise.
2. Noticing the vagueness of the pleadings, at the very outset we sought clarification from the petitioner as to what he is opposing and in turn the petitioner has informed that harvesting of human organs from a brain-dead person should be banned in India. His contention is that a brain-dead person should be construed to be alive since his vital organs remain functional for some time and therefore the harvesting of organs at that stage would tantamount to causing grievous hurt to the brain-dead person. According to him, such harvesting of organs is prohibited by the Indian Penal Code.
3. In the context of the above submissions, the petitioner is unable to point out any specific provision in the I.P.C., to justify a ban on extraction of organs from a brain-dead person, to save the life of another person. Moreover, there is no material to suggest that he is acting in public interest and therefore the concern raised by the petitioner has to be considered as one stemming from his personal belief. That apart, the petitioner could not refer to any provisions of law, which prohibits as opposed to W.P(C).3052/2019 3 regulate, the transplantation of human organs to save the life of another or to provide a working organ for dis-functional one.
4. In the above circumstances, and considering the vague nature of the pleadings, such a Writ Petitions would hardly merit consideration and therefore, the same is dismissed.
Sd/-
Hrishikesh Roy, Chief Justice Sd/-
A.K. Jayasankaran Nambiar, Judge W.P(C).3052/2019 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PAPER CUTTING OF MATHRUBHOOMI DAILY DATED 14.10.2016 WITH ENGLISH TRANSLATION.
EXHIBIT P2 TRUE COPY OF PAPER CUTTING OF MALAYALA MANORAMA DAILY DATED 14.1.2016 WITH ENGLISH TRANSLATION.
EXHIBIT P3 TRUE COPY OF REPORT PUBLISHED IN FLASH NEWS DATED 12.8.2016 WITH ENGLISH TRANSLATION.
EXHIBIT P4 TRUE COPY OF REPORT PUBLISHED IN FLASH NEWS DATED 11.8.2015 WITH ENGLISH TRANSLATION.
EXHIBIT P5 TRUE COPY OF PAPER CUTTING OF MATHRUBHOOMI DAILY DATED 26.4.2016 WITH ENGLISH TRANSLATION.
EXHIBIT P6 TRUE COPY OF PAPER CUTTING OF MATHRUBHOOMI DAILY DATED 8.6.2014 WITH ENGLISH TRANSLATION.
EXHIBIT P7 TRUE COPY OF PAPER CUTTING OF MATHRUBHOOMI DAILY DATED 14.10.2016 WITH ENGLISH TRANSLATION.
EXHIBIT P8 TRUE COPY OF PAPER CUTTING OF MATHRUBHOOMI DAILY DATED 7.8.2018 WITH ENGLISH TRANSLATION.
EXHIBIT P9 TRUE COPY OF PAPER CUTTING OF FLASH NEWS DATED 19.3.2018 WITH ENGLISH TRANSLATION.
EXHIBIT P10 TRUE COPY OF REPORT PUBLISHED IN KERALA KAUMUDI DATED 25.1.2017 WITH ENGLISH TRANSLATION.
W.P(C).3052/2019 5 EXHIBIT P11 TRUE COPY OF REPORT PUBLISHED IN MATHRUBHOOMI DAILY DATED 5.10.2015 WITH ENGLISH TRANSLATION.
EXHIBIT P12 TRUE COPY OF AN ARTICLE OF DR. G.R. SANTHOSH IN MATHRUBHOOMI AROGIAMASIKA NOVEMBER 2015 WITH ENGLISH TRANSLATION.
RESPONDENTS' EXHIBITS:
NIL // TRUE COPY // P.A. TO JUDGE