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The decision by Judicial First Class Magistrate Eldos Mathew came on a doctor’s complaint alleging denial of proper treatment to the accident victim, declaring him brain dead without following due procedure and transplanting his organs into a foreign national in violation of the law regulating the same.
The court said it was of the view that ”there is a prima facie case and sufficient grounds for proceeding in respect of offences under the Transplantation of Human Organs Act, 1994, against all the accused”.
”The complainant has complied with all the requirements of the Act. Hence, the case is taken on file. Accordingly, it is directed that summons shall be issued to all the accused,” the court said in its order of May 29.
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The magistrate said that after going through various court rulings, relevant statutes and considering the materials before him, it has emerged that evacuation of blood from the victim’s cranial cavity after the accident could have saved his life.
”But there was no effort to drain out the blood, though the victim was examined by neurosurgeons at the two hospitals where he was treated,” the court said.
The victim immediately after the accident was admitted in the Mar Baselious Hospital at Kothamangalam near here and then later shifted to the Lakeshore Hospital in Ernakulam.
The court also noted that even before planning to conduct neurosurgery or blood evacuation, HIV tests were conducted by Lakeshore hospital.
”Even prior to the declaration of brain death, doctors of the transplantation team visited the patient and a liver function test was conducted,” the court further noted.
It also said the death certificate was not as per the prescribed norms and some of the doctors who signed it were not authorised to do so under relevant laws.
The court also noted that even the Apnoea test, a mandatory examination for determining brain death, was not conducted.
It also said the liver of the victim was transplanted into a foreign national without sanction of the internal authorisation committee and in the Malaysian Embassy certificate, wife of the recipient is shown as donor which was ”suspicious”.
All these grounds were also cited by the complainant, Dr S Ganapathy, who had claimed that the victim’s relatives were made to believe he was brain dead and thus induced to donate his vital organs.
The victim, Abin V J, had met with an accident on November 29, 2009 when his motorcycle rammed an electric post and he sustained head injuries.
By December 1, 2009, he was declared brain dead, his vital organs were harvested and the liver transplanted into a foreign national, according to the complaint.
The complainant doctor, who resides in Kollam district of Kerala, came to know about the accident and what transpired thereafter from newspaper reports and on enquiry found that the organ transplantation was carried out allegedly in violation of then existing laws and by obtaining consent of the parents purportedly by misrepresentation.
Speaking to a TV channel after the court’s order, Dr Ganapathy said there were several attempts to sabotage the case by changing the officers looking into it and a report was also released, purportedly by the district-level enquiry committee of the DMO, stating there was nothing wrong done by the hospitals or the doctors concerned.
”When one of the doctors who had signed the report claimed she never attended the meeting and her signature was forged, I knew something was wrong and I started to hunt for the medical records of the case,” he said.
He alleged that right from the time the victim was referred from Mar Baselios to Lakeshore, the preparations had begun to harvest his organs without even considering saving his life.
”All that cannot happen without the knowledge and approval of the hospitals’ management,” he claimed.