Court On Its Own Motion v. Union Of India & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2127/2014 COURT ON ITS OWN MOTION ..... Petitioner Through:

Ms.Kirti Parmar, Adv. for Mr.Ajay Verma, Adv. (Amicus Curiae).

versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr.Aditya Swarup Agarwal, Adv. for Mr.Sanjoy Ghose, ASC for GNCTD.

Mr.Sanjeev Narula, CGSC with Ms.Meha Rashmi, Adv. for UOI.

Insp. C.B. Singh, P.S./Krishna Nagar, Delhi.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 03.02.2016 1.

This Public Interest Petition has been taken up by this court on the basis of a letter dated 05.02.2013 received from Mr. V.K. Gupta, Deputy Manager (Finance), NTPC Ltd. raising certain issues pertaining to issuance of NOC by Police for handing over of a human body (post death) to Organ Retrieval Bureau Organization (ORBO), All India Institute of Medical Sciences for the use of research work in the interest of public. 2.

Mr. Ajay Verma, Advocate has been appointed as Amicus Curiae to assist this court and we have heard the learned Amicus Curiae and the learned counsels appearing for Government of NCT of Delhi, Union of India and All India Institute of Medical Sciences on various issues pertaining to issue of NOC by Police.

W.P.(C) 2127/2014

3.

During the pendency of this petition, the Department of Health and Family Welfare, Government of NCT of Delhi has initiated proceedings for framing appropriate guidelines regarding donation/receipt of bodies for medical teaching by Medical Institutes in Delhi and by order dated 30.04.2014 we have directed that Shri Ajay Verma, the learned Amicus Curiae appointed by this court as well as other stakeholders including Ministry of Health, Government of India, Delhi Police and AIIMS shall also participate in the deliberations while finalizing the guidelines.

4.

It is brought to our notice by the learned Standing Counsel for GNCTD that in terms of the orders passed by this court, the Guidelines for cadaver and whole body deceased donation have been finalized after due deliberations with all the stakeholders and the same have been circulated to the concerned authorities by the Health and Family Welfare Department of Government of NCT of Delhi by proceedings dated 05.09.2014 for information and further necessary action. The Deputy Secretary, Department of Health and Family Welfare, Government of NCT of Delhi filed an affidavit dated 30.04.2014 to that effect enclosing a copy of the Guidelines. 5.

When the matter is taken up today for consideration, it is represented by the learned Amicus Curiae that the Guidelines are in order and have covered all the necessary issues.

6.

In the circumstances, there is no need to keep the writ petition pending any longer. Accordingly, the same is disposed of. CHIEF JUSTICE JAYANT NATH, J FEBRUARY 03, 2016/pmc W.P.(C) 2127/2014