Supreme Court Permits An Accused In Custody To Undergo Tests As He Wishes To Donate Kidney To His Ailing Father

A Bench of the Supreme Court granted relief to a man accused in a drug-related case by allowing him to undergo tests as he wishes to donate his kidney to his ailing father. The Bench of Justice Indira Benerjee and Justice JK Maheshwari observed that, "To take care of the parents is one thing and to donate a kidney for a parent, to which all children, particularly married children with their own spouses and children might not agree, is another thing."

The Bench observed this while rejecting objections by the Lawyer of Madhya Pradesh government that the accused has other brothers and sisters, who can take care of their father.

The accused had challenged the order passed by the High Court of Madhya Pradesh on June 28 this year, rejecting his bail application. His counsel submitted to the court that his father is ailing with kidney failure and requires a kidney transplant and that he wishes to donate his kidney for his father.

The Apex Court allowed the man to undergo tests for donating his kidney with the police escorts as and when required and reports are to be submitted to the Government Medical College for approval of the Committee.

"The medical records reveal that the petitioner's father, Mr. Ravindra Singh, requires Renal Transplant Surgery for better survival and quality of life. Since, the petitioner wishes to donate his kidney for his father, he may be escorted and taken to the hospital as and when required, for the necessary tests, reports of which are to be submitted to the Government Medical College for approval of the Committee," the Bench observed.

The Bench further noted that if the man is found physically and mentally fit for the donation and if the Committee grants the approval, he may file a bail application before the High Court, which has to take the decision sympathetically with stringent terms and conditions.

"In the event, the petitioner is found fit, physically and mentally to donate a kidney and if the Committee of the Government Medical College grants approval for the kidney transplant procedure, in that case the petitioner may apply before the High Court for interim bail. Needless to mention, the prayer for interim bail for the purpose of donation of a kidney for his father, shall be considered sympathetically, on such stringent terms and conditions as may be imposed by the High Court or the concerned Trial Court."

The Apex Court asked the Trial Court to expedite the trial of the case and preferably dispose of the case within six months. The accused is in jail since September last year in connection with a case registered for offence under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985.