The Supreme Court has allowed a drug case accused who expressed his willingness to donate a kidney to his ailing father from jail to hospital for necessary medical check-up. The court said that if the accused is found fit to donate the kidney and the committee of the concerned government medical college approves the transplant, then he can apply for interim bail in the Madhya Pradesh High Court. The court will ‘consider it sympathetically’.
A bench of Justice Indira Banerjee and Justice JK Maheshwari made the observation while hearing a petition by the accused. In the petition, an order of the Madhya Pradesh High Court has been challenged in June this year. The High Court had rejected the bail application of the accused in the case.
The counsel for the petitioner told the apex court that his father’s kidney had stopped functioning. He needs a kidney transplant. The counsel had told the bench that the petitioner wanted to donate his kidney to his ailing father.
The counsel appearing for the state government had opposed the bail plea saying that the allegations against the petitioner were serious. She has other brothers and sisters who can take care of their father.
To this, the bench, in an order passed earlier this month, said, “It is one thing to take care of parents and it is another thing to donate a kidney to a guardian, for which all children, especially married children, who have their own spouse.” There are other children, who may not agree.’
“Since the petitioner wants to donate his kidney to his father, he can be taken to the hospital for necessary tests if required,” it said.