In a significant development, the Kerala High Court on Tuesday quashed a criminal case registered against Aster Medcity Hospital and nine doctors accused of violating the provisions of the Transplantation of Human Organs and Tissues Act, 1994.
The case was based on a complaint filed by Dr. S. Ganapathy, a doctor and social activist, who alleged that the hospital and the accused doctors had flouted the protocols for certifying brain death and harvesting organs for transplantation. The specific incident in question was related to a young man named Ajay Johny, who had been injured in a car accident and was admitted to the hospital in March 2019.
The complaint raised concerns about the alleged attempt to transplant Ajay Johny's liver to a lawyer, who was admitted to the hospital earlier for liver cirrhosis, even before confirming Johny's brain stem death. The complainant also questioned the brain death certification process for the lawyer.
However, the accused doctors and Aster Medcity refuted the allegations, stating that they had adhered to the rules and protocols while certifying the brain death of the deceased. They contended that the complaint lacked merit and the complainant had no locus standi to file it.
The case had been taken cognizance of by the Judicial First Class Magistrate Court in Ernakulam, and summons were issued to the petitioners. In response, the accused doctors and Aster Medcity moved separate petitions before the Kerala High Court seeking the quashing of the criminal proceedings against them.
Justice Ziyad Rahman A.A. presided over the matter and carefully considered the arguments put forth by both sides. After evaluating the evidence and submissions, Justice Rahman passed an order quashing the criminal proceedings against the hospital and the accused doctors. This decision comes as a major relief to the medical institution and the medical professionals involved in the case.
The quashing of the criminal case by the Kerala High Court reaffirms the importance of following due protocols and adhering to the guidelines laid down for organ transplantation. It also underscores the significance of transparency and accuracy in the process to maintain the integrity of medical practices related to organ donations and transplants.
Advocates P Jayabal Menon, Rekha Agarwal, Ajay Ben Jose, and Laya Mary Joseph represented the various parties in this case before the court. The verdict marks a pivotal moment in the legal proceedings and provides clarity on the matter while upholding the rights of medical practitioners to perform their duties diligently and responsibly.
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