Kerala High Court stays proceedings against Lakeshore Hospital, doctors in illegal organ transplantation case

The Kerala High Court recently stayed trial court proceedings against Lakeshore Hospital in Kochi as well as eight doctors in relation to a complaint alleging illegal organ transplantation [Lakeshore Hospital and Research Centre & Ors. v State of Kerala & Anr.]..Justice PV Kunhikrishnan passed the order on October 3, staying the proceedings before a magistrate court.The summons issued by the magistrate court to the hospital and doctors has effectively been stayed by this High Court order..On May 29, Judicial First Class Magistrate Eldos Mathew had passed an order summoning the doctors and the hospital administration after finding that a prima facie case was made out against them under the Transplantation of Human Organs Act..The case concerned the death of a man who passed away after a motorcycle accident. He was initially admitted to the Mar Baselious Hospital in Kothamangalam and was later shifted to the Lakeshore Hospital where he was declared brain dead. Following this, his kidneys and liver were harvested..A doctor residing in Kollam learned of these developments via a newspaper report and later filed a complaint alleging that organ transplantation was done in gross violation of the existing laws and after obtaining the parents' consent through misrepresentation..According to the complainant, the accident victim was denied proper treatment at both hospitals and his organs were transplanted to a foreign national in contravention of the law.It was stated that an Apnoea Test was not conducted to determine whether the victim was brain dead and that blood was not evacuated from the cranial cavity. This, according to the complainant-doctor, could have been life-saving.Additionally, it was submitted that the declaration of brain death was not done as per the given procedure..After considering these allegations, a magistrate court summoned the Lakeshore Hospital's officials as well as eight doctors in the matter by a May 29 order. .This prompted the hospital and the doctors (petitioners) to move the High Court challenging the proceedings before the magistrate.The petitioners told the High Court that the police had earlier dropped the matter before the complainant-doctor filed a private complaint. The case was later reopened by the police and the investigation is pending, the Court was told. .On October 3, the High Court opined that there was some force in the petitioners' argument that the private complaint cannot continue in the light of Section 210 (procedure to be followed when there is a complaint case and police investigation in respect of the same offence) of the Code of Criminal Procedure (CrPC)Therefore, it passed an order staying the proceedings before the magistrate for a period of 6 months. The Court also issued notice to the State government as well as the complainant-doctor. .The petitioners were represented by advocates Thomas K Anakkallunkal, Benny P Thomas, Anupa Anna Jose Kandoth and Mitha Sudhindran..[Read Order]