Kidney swap case: HC stays organ transplant licence suspension of Ruby Hall Clinic

Court observed that the hospital is not responsible for the verification of records of donors and donees

PUNE On Wednesday, the Bombay High Court stayed the orders passed by the state health department to suspend the organ transplant licence of Ruby Hall Clinic. The court observed that the verification of records and particulars of the donors and donees is not the responsibility of the hospital, but of the authorisation committee.

The state health department had suspended the organ transplant license of Ruby Hall Clinic for six months. (HT PHOTO)

The order was passed after the state health department suspended the license for organ transplantation of the hospital for six months in connection to a kidney swapping case reported from the city. Meanwhile, the health department continued with its parallel investigation by conducting an in-camera investigation of all those connected to the case, including relatives and health officials.

The court order stated that it stays the operation, implementation and effect of intimation/letter dated March 11 passed by the Maharashtra state health department.

Earlier, Dr Sadhana Tayade, director, directorate of health services, Maharashtra said that the licence of Ruby Hall Clinic has been suspended until the final report of the ongoing enquiry is submitted. The suspension includes the licence for both live donor and also cadaver donations while the hospital continues to function as a non-transplant organ retrieval centre or NTORC.

Manjusha Kulkarni, legal head, Ruby Hall Clinic, said, “The stay is put in place until the court comes out with a final order.”

The order was pronounced in open court, in the presence of advocates from respective parties. An authenticated and certified copy of the order has been applied for, and is presently awaited. The committee after investigating transplant patients and their relatives will report to the police for further action.

The inquiry committee has been appointed under the chairmanship of Nashik deputy director of health. The committee had earlier conducted a preliminary inquiry and submitted its report to Tayade.

Another committee on Wednesday conducted a day-long inquiry at the Pune health circle office. Health officials were also present. No information has been provided by the health department in this regard.

Inspector Vinayak Vetal of Koregaon police station said that action is being taken in this regard as per Human Organ Transplantation Act. No action can be taken without feedback from the health department.