Accused wishes to donate kidney for ailing father, be taken to hospital for tests: SC

New Delhi: The Supreme Court has allowed an accused in a drugs case, who has expressed his wish to donate his kidney for his ailing father, to be taken to hospital from jail for necessary medical tests as and when required.

The apex court said if the accused is found fit to donate a kidney and the committee of the government medical college concerned grants approval for the transplant procedure, he may apply for interim bail before the Madhya Pradesh High Court which shall be “considered sympathetically”.

A bench of Justices Indira Banerjee and J K Maheshwari said this while hearing a plea filed by the man challenging the June this year order of the Madhya Pradesh High Court which had dismissed his bail application in the case.

The petitioner’s counsel had told the top court that his father was suffering from kidney failure and requires a transplant.

He had told the bench that the petitioner wishes to donate his kidney for his ailing father.

The counsel appearing for the state had opposed the plea seeking bail on several grounds including the seriousness of offence and also that the petitioner has other brothers and sisters who can take care of their father.

“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 noted in its order passed earlier this month.

The apex court said as per the medical record, the petitioner’s father 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,” it said.

“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,” it said.

The bench also directed the trial court to expedite the trial in the case and dispose it, preferably within six months.

In its order dismissing the bail application of the accused, the high court had noted that he is in jail since September last year in connection with a case registered for the alleged offence under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985.