Excelsior Correspondent
SRINAGAR, Dec 12: State High Court today quashed the decision taken by Authorization Committee constituted under Section 9(4) of the J&K Transplantation of Human Organs Act, 1997 and issued directions for considering the request of the petitioner regarding donation of kidney.
Brief facts of the case are that Syed Arifa was diagnosed as a case of Chronic Kidney Disease Grade-III and was admitted in the SKIMS Soura. She was advised kidney transplantation. Her near relatives offered to donate kidney but the same didn’t match with the patient. Thereafter, one of the family friend of the petitioner offered to donate her one kidney to Syed Arifa.
On completion of necessary medical tests and other formalities, an application was moved before the Authorization Committee constituted under Section 9(4) of the J&K Transplantation of Human Organs Act, 1997 for grant of approval for removal of one kidney of donor and its transplantation in Syed Arifa. However, the committee rejected the application which led to filing of petition before the High Court.
After hearing counsels for the petitioner and respondents, Justice Ali Mohammad Magrey allowed the petition on the ground that the decision taken by the Authorization Committee doesn’t fall in line with the grounds envisaged by law. “The impugned decisions are, therefore quashed and the Committee is directed to consider the request of the petitioner afresh on the basis of the grounds recognized by the law keeping in view the contents of Form-I within a period of seven days”, High Court said.
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