By S A Ishaqui
Hyderabad, Feb.25: Andhra Pradesh High Court on Monday directed that the appellate authority on the Human Organs Transplantation Act reconsider the case of a patient, who wants to receive a kidney from his friend.
Justice CV Nagarjuna Reddy, while disposing of a writ petition filed by V Sivalingam of Bandapalli village in Chittoor district seeking a direction to thegovernment to allow him to accept a kidney for transplant from his friendChaitanya, observed that the appellate authority shall examine Ms Ramadevi,wife of the donor, and record their statement and dispose of appeal afresh within a period of three weeks.
The judge said the appellate authority rejected the request of the petitioner on the ground that Ms Ramadevi had expressed her unwillingness as she had two very young children and no one excepting her husband to support her and she did not want any risk to her husband through kidney donation. The donor's father died due to kidney failure and there was a possibility of the donor suffering with the same problem after the donation.The judge further observed that according the government pleader, the wife of the donor changed her stand before the court, but the record did not showthat the appellate authority recorded her statement."In view of the stand taken by the wife of the donor before the court,which is in direct conflict with the finding given by the appellate authority, Ideem it appropriate to remit the matter for fresh consideration by the appellate authority" the judge added. Earlier in the day while beginning the hearing the judge asked B Satayanarayana, counsel for the petitioner, the whereabouts of the donor and his wife and the recipient.
The counsel replied that they were on the court premises and they were afraid of the media and thus they did not dare to enter into the court hall. The judge questioned whether media was preventing them to enter into the court? Sataynarayana answered in the negative, saying that they were not prevented.But his clients did not want their issue to be highlighted in the Press.
"If such is the case you are wasting the precious time of the court. Instruct your clients to be present in the court within 10 minutes, otherwise the court cannot hear your case," the judge said.
Later, the donor and his wife and the recipient appeared before the judge.The judge asked the donor, "is the friendship between you so strong that youhave readily accepted to donate your kidney to save your friend, risking yourlife?" He also questioned that for how long they had been friends?Chaitanya replied that they had been friends for the past 10 years."Sivalingam use to visit my hotel in Chittoor when he was with MLA RChenga Reddy as his gunman," he added."How many times do you interact with your friend in a day," the judge asked.He said seven to eight times in a day.Later, the judge enquired Ramadevi whether she expressed her unwillingness before the appellate authority for her husband donating kidney to his friend.In reply she stated that she never opposed it. She further said she supported her husband saying that the petitioner had a long-standing friendship withherhusband and that out of affection for him, her husband agreed for donation.However, Chaitanya and his wife and the petitioner refused to interact withmedia saying they do not want to make it an issue. They severely objectedwhen lensmen tried to take their photographs.
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