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2017 Supreme(Ker) 675

NAVANITI PRASAD SINGH, ANTONY DOMINIC
Kunhi Mohammed K. – Appellant
Versus
District Level Authorization Committee For Transplantation of Human Organs – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. C.M. Mohammed Iquabal, Advocate
For the Responden : Sr. Sri. Tekchand, Government Pleader

JUDGMENT :

Navaniti Prasad Singh, J.

1. These two appeals arise out of a common judgment dated 06.03.2017 passed by learned single Judge of this Court in W.P.(C) Nos.6473 and 6474 of 2017 whereby the challenge of the writ petitioners is to the letters written by "Authorisation Committee" to the police. The said verification reports had been challenged and the challenge had been negatived by the learned single Judge.

2. The short issue is whether Rule 7, and in particular Rule 7(3), of the Transplantation of Human Organs and Tissues Rules, 2014, framed under Section 24 of the Transplantation of Human Organs and Tissues Act, 1994, contemplates involvement of a third agency like the police to conduct verifications. For convenience, we may quote below Rule 7(3) as a whole:

"7(3) When the proposed donor and the recipient are not near relatives, the Authorisation Committee shall,

(i) evaluate that there is no commercial transaction between the recipient and the donor and that no payment has been made to the donor or promised to be made to the donor or any other person;

(ii) prepare an explanation of the link between them and the circumstances which led to the offer being made;

(iii) examine the


















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