SHOUKATH ALI PULLIKUZHIYIL Vs. DISTRICT LEVEL AUTHORIZATION COMMITTEE

JUDGEMENT

(1.) These two appeals arise out of a common judgment dated 06.03.2017 passed by learned single Judge of this Court in W.P.(C) Nos.6473 and 6474 of 2017 whereby the challenge of the writ petitioners is to the letters written by "Authorisation Committee" to the police. The said verification reports had been challenged and the challenge had been negatived by the learned single Judge.

(2.) The short issue is whether Rule 7, and in particular Rule 7(3), of the Transplantation of Human Organs and Tissues Rules, 2014, framed under Sec. 24 of the Transplantation of Human Organs and Tissues Act, 1994, contemplates involvement of a third agency like the police to conduct verifications. For convenience, we may quote below Rule 7(3) as a whole:

(3.) Learned counsel for the appellants submits that primarily in terms of Rule 7, it is the obligation cast upon the Authorisation Committee to satisfy itself on the various aspects as mentioned in Rule 3 which are predominantly to avoid commercialisation of donation of organs. We cannot dispute the submission.