Relief for Apollo Hospital as Odisha HC stays NHRC order

Bhubaneswar: The Orissa High Court (HC) today issued a stay order on the direction of National Human Rights Commission (NHRC) to Odisha Government for cancellation/suspension of registration of Apollo Hospital, Bhubaneswar in connection with a kidney transplantation issue.

The HC asked the state Government not to take any action against the hospital till that time. Besides, the court also directed authorities of the private hospital to submit a reply before the rights body within the four weeks.

On September 8, the NHRC had directed the Odisha Government to take appropriate action towards cancellation of registration of the hospital for breaching the provisions of Transplantation of Human Organs and Tissues Act-1994.

It has been alleged that the private hospital had taken out the kidney of one Anil Kumar Swamy through deception.

In a notice, the NHRC stated, “In this matter, the Authorization Committee constituted by the Government of Odisha has approved/granted NOC for transplantation of kidney from Jayaram Dora (donor) to Raghaba Ram Dora (recipient) without verifying or conducting proper enquiry in this matter and subsequently the kidney of Anil Swamy was removed and transplanted into the body of Raghaba Ram Dora. Also, it appears that there is a connivance of Apollo Hospital for obtaining the NOC for transplantation of kidney of Jayaram Dora, whereas the kidney of Anil Kumar Swamy was taken out and transplanted into the body of Raghaba Ram Dora.”

“This is a serious lapse on the part of the Authorization Committee constituted by the State Government as it has granted the NOC in a very routine manner. Hence, the Government of Odisha is vicariously liable for such lapse of the Authorization Committee,” it further said.

The NHRC had also issued a show-cause notice to the Government seeking a reply within eight weeks as to why the Commission should not recommend Rs 2,00,000 as compensation to be paid to the victim.