HC grants in­terim bail to Vizag doc­tor

The Political and Business Daily - - ODISHA FOUCS -

IN a ma­jor relief to the ar­rested Vizag doc­tor N Prab­hakar Babu in con­nec­tion with an il­le­gal kid­ney trans­plan­ta­tion in­volv­ing a Cut­tack woman, the Orissa High Court to­day granted a con­di­tional bail to the sur­geon, who had been in ju­di­cial cus­tody here since July 3.

In an in­terim order on the habeas cor­pus writ filed by the ar­rested doc­tor’s wife N Rath­naku­mari, a divi­sion bench of the High Court com­pris­ing Jus­tices In­dra­jit Ma­hanti and Sangam Ku­mar Sa­hoo held the ar­rest and de­ten­tion of Babu as “il­le­gal”. Stat­ing that the Cut­tack city po­lice had no ju­ris­dic­tion and power to ar­rest the doc­tor from Vizag un­der the Trans­plan­ta­tion of Hu­man Or­gan Act, the High Court held that the regis­tra­tion of the FIR in this con­nec­tion was also “un­law­ful”. Or­der­ing the State govern­ment to re­lease the doc­tor as his ar­rest and de­ten­tion were in­fring­ing the Ar­ti­cles 21 and 22 of the Con­sti­tu­tion, the High Court also di­rected the State govern­ment to cre­ate poli­cies with re­spect to or­gan trans­plan­ta­tion in con­form­ity with the statu­tory law.

De­cid­ing to fur­ther mon­i­tor the sen­sa­tional case, which has se­ri­ous ram­i­fi­ca­tions in the State as sev­eral in­no­cent and poor peo­ple have com­plained about the ex­is­tence of a racket deal­ing with il­le­gal or­gan trans­plan­ta­tions in the State, the High Court has ad­journed the case to heard again in Oc­to­ber next. Coun­sels ap­pear­ing for the pe­ti­tioner said that the High Court has di­rected to re­lease Prab­hakar Babu af­ter fur­nish­ing bail bonds of prop­er­ties worth Rs 10 lakh with two sureties. Babu was also asked to pro­duce a bank guar­an­tee of Rs two lakh to be de­posited ei­ther in his ac­count or in the ac­counts of any of his fam­ily mem­bers.

The doc­tor was ar­rested by a team of Cut­tack city po­lice from his Seven­Hills Hos­pi­tal premises in Vishakha­p­at­nam on June 17 this year. He was booked un­der Sec­tion 18 of the Trans­plan­ta­tion of Hu­man Or­gan Act and un­der sec­tion 467, 471, 324 and 34 of IPC and was brought here on tran­sit re­mand.

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