Excelsior Correspondent
JAMMU, Dec 14: Division Bench of State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar today observed that non-implementation of the Jammu and Kashmir Transplantation of Human Organs Act, 1997 puts a serious question on the Executive.
“It puts a serious question on the Executive, particularly when the Legislature has done its job. What has the Executive done?” DB observed after hearing in a PIL, filed by Smile Social Youth Club raising the issue of organ transplant. Adv Navneet Dubey appeared for the PIL whereas Deputy AG Sanjeev Padha for the State.
Petition is with regard to the setting up of Organ Donation/retrieval and Transplant Centers within the State of Jammu and Kashmir, in both the provinces of Jammu and Kashmir.
Maintaining that elaborate legislation is in place since the year 1997 and Appropriate Authority is enjoined with very important functions and duties, DB questioned respondents whether Government appointed an Appropriate Authority under Section 13 of the said Act?
“The next question that arises is, whether any Hospital has been registered within the State of Jammu and Kashmir under Section 14 of the said Act and if not, why not ?”, DB further asked and also sought to know whether there is any hospital within the State of Jammu and Kashmir which fulfills the requirements stipulated in Rule 9 of the said Rules.
The Division Bench directed counsel for the respondents and in particular the Health Department to file an affidavit, indicating the progress, if any, made for ensuring that the duties prescribed under the Act and the Rules are being fulfilled by the various functionaries or not. “In particular, clear answers shall be given to the three questions that this Court had raised in this order,” the DB said.
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