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Showing contexts for: Simhapuri Hospital in Mithukulla Pitchayya vs The State Of Ap on 12 July, 2019Matching Fragments
Both these applications arise out the Cr.No.149 of 2019 dated 28.04.2019 on the file of the Station House Officer, Sri Potti Sriramulu, Nellore Rural, whereunder the applicants, who are A.1, A.3 to A.10 were accused of committing crimes under Section 420, 384 r/w 34 IPC and Sections 18 and 19 of the Transplantation of Human Organs Act, 1994 and also 3(1)
(e) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (for short 'the SC ST POA Act').
A fatal accident that occurred on 17.04.2019 in which one Sri E. Srinivasulu died is the genesis of this entire case. The said Sri E.Srinivasulu was admitted into a hospital called Simhapuri Hospital in Nellore. The deceased was declared brain dead and later his organs were harvested. Basing on a press report, the District Administration initiated an enquiry into this episode. A Committee of Doctors enquired into the matter and came to the conclusion that the Hospital and the Doctors were guilty of illegally harvesting the organs and directed that action must be taken. Thereafter, a crime (149/2019) was registered and an investigation began. The petitioners moved an application for anticipatory bail before the lower court which was dismissed. Then Crl.P.No.3210/2019 and Crl.P.No.3211 of 2019 were filed by the applicants, who are A.1 to A.3 to A.10 for quashing the proceedings and to grant anticipatory bail respectively.
The report also shows that the Simhapuri Hospital, Nellore waived the entire bill of Rs.1,28,354/-. In addition, they also paid a sum of Rs.20,000/- to the family of the deceased. These are the events that can be gleaned from this report.
Submissions:
Learned counsel for the petitioners argued that the Government of Andhra Pradesh itself is encouraging the transplantation and harvesting of organs from cadavers and that in this case the hospital merely followed the said procedure. He stated that cases for medical emergencies cannot be examined with a micro scope and that certain amount of latitude should be given to the doctors who act against great pressure. He submits that the intimation was given to the Jeevandan authorities and after securing the permission of the Jeevandan authorities only one kidney was taken by this hospital and the other kidney, heart and two corneas were sent to other hospitals and to other recipients. Learned counsel relies upon clause 8.8 of the "Jeevandan Scheme" under G.O.Ms.No.184 dated 16.08.2010 under which the organ transplantation center is entitled to register itself under the scheme and also has the first priority for liver, heart and one kidney. Therefore, learned counsel submits that the Simhapuri hospital took one kidney alone under 11.5.2 and that they followed the law/rules on the subject.
This Court, after hearing the learned counsel, considering the submissions made and after perusing the records, notices that the sequence of events that are detailed in the doctors report which lead to the filing of the FIR do show that the preparations for harvesting the kidney began even before the patient was declared as brain dead. The doctors' observation in the case sheet that the kidneys are suitable for transplantation and the admission of the recipient of the harvested kidney much prior to the patient being declared brain dead are important facts. The Jeevandan authorities gave the approval at 8.46 p.m. on 19.04.2019 and the kidney was allotted to the Simhapuri hospital by Jeevandan for the recipient at 10.15 p.m. on 19.04.2019. But, prior to that itself the recipient was admitted into the hospital. In addition, the waiver of the fee of Rs.1,28,354/- and the payment of Rs.20,000/- does lead to a prima facie conclusion that the kidney was harvested for commercial purposes.