JUDGMENT

Dated this the 27th day of May 2020

1.This writ petition is filed by seven medical practitioners challenging Exhibit P1 show cause notice issued to the 1st petitioner by the 2nd respondent. It is submitted that the 3rd respondent had submitted Exhibit P2 complaint before the 2nd respondent alleging offences under the provisions of the Transplantation of Human Organs and Tissues Act, 1994 (hereinafter referred to as “the 1994 Act”) and that the petitioners had been required to furnish their explanations in respect of the complaint.

2.Heard the learned counsel appearing for the petitioners, the learned Government Pleader appearing for the 1st respondent, the learned Standing Counsel appearing for the 2nd respondent and the learned counsel appearing for the 3rd respondent.

3.It is contended by the learned Senior Counsel appearing for the petitioners that on the allegations in respect of the 1994 Act, the 2nd respondent has no authority whatsoever to require an explanation from the petitioners and that action has already been initiated against the hospital under the provisions of the 1994 Act. It is stated that in terms of the 1994 Act, the appropriate authority under the said A