- (1.) The facts giving rise to this petition under Article 226 of the Constitution of India lie in narrow campas, which are as under : Petitioner Panne Singh who is a resident of village and post Dhandhah, Tehsil Fatehpur, P.S. Ramgarh, Distt. Sikar had some trouble in his Kidney about a month back. Consequently, he was admitted in Sawai Man Singh Hospital, Jaipur for treatment and remained there for about 2 months. It is alleged that on account of deteriorating and serious condition, he was shifted to Mohilek Hospital & Research Centre on 23.11.95 (According to the Advocate General it was not on 23.11.95 but on 2.11.95). It appears that on examination it was discovered that Kidneys of the petitioner-Panne Singh were not functioning well and he was put on Dialysis and was advised for Kidney transplantation. In view of the aforesaid advise of the Doctors, many of the relatives of Panne Singh arrived and voluntarily offered to donate their Kidneys. Since the blood-group of none of the relations, who had come forward to donate their Kidneys, matched with that of Panne Singh, the Kidney of Shri Panne Singh was not transplanted. Subsequently, one of his son-in-law, namely Shri Het Ram came forward to donate his Kidney and got his blood-group tested. On the test conducted, the blood-group of Shri Het Ram matched with that of Shri Panne Singh. It is alleged that since the Doctors in Jaipur City are being arrested and are being prosecuted for transplantation of Kidneys, the Doctors of respondent No. 2 refused to transplant the Kidney of Shri Panne Singh unless he produces permission/certificate for transplantation of Kidney either from the Hon'ble Chief Minister or the Health Minister of the State. It has been averred that Panne Singh's wife tried to approach the Hon'ble Chief Minister and the Health Minister of the State of Rajasthan, but she could not either meet personally or could present representation before them. It has been further alleged that Lt. Col. Dwarka Prasad Bugalia who is friend of Panne Singh and who was apprised about this state of affair, tried to obtain permission of the State Government, but failed to do so and as such, in order to save his life the petitioner approached this Court for issuance of directions to the respondents for transplantation of Kidney. A copy of a affidavit sworned by Shri Het Ram son of Shri Mala Ram, resident of village Nethwa, Tehsil Fatehpur, PS Ramgarh, Distt. Sikar, son-in-law of Shri Panne Singh has also been filed as Annexure-1 to the petition.
(2.) Mr. Rohitashwa Kajala, learned counsel for the petitioner contended that there is a fear psychosis prevailing amongst the Doctors of Rajasthan that in case any Doctor transplants the Kidney, he might be arrested or prosecuted by the police and in view of the said apprehension, the Doctors are refusing to transplant the Kidney. Keeping in view the fact that the question relates to the preservation of human life which is a sacrosanct and fundamental right under Article 21 of the Constitution of India and in view of the interest of the general public of the State of Rajasthan, the Advocate General was requested to place the stand of the State Government and the members of the Bar were also requested to address the Court and to put forth their submissions if they so like in order to decide the controversy.
(3.) I have heard Mr. Rohitashwa Kajala, learned counsel for the petitioner, Mr. B.P. Agrawal, learned Advocate General with Mr. J.M. Jain for the State of Rajasthan, Mr. Suresh Pareek, Sr. Standing Counsel for the Union of India, Mr. S.K. Gupta on behalf of the Private Doctors Association of Rajasthan, Mr. Jagdeep Dhankad, Sr. Advocate with Mr. Praveen Balwada, Mr. G.G. Sharma, Sr. Advocate with Mr. Ashok Sharma, Mr. M.A. Khan, Mr. S.B. Mathur, Mr. J.P. Sharma, Mr. R.P. Panwar, Mr. P.N. Agrawal, Mr. A.S. Upadhyay, Mr. Shiv Kumar Sharma and Dr. Y.C. Sharma.;