The case of illegal sale of kidneys in Cuttack took a new turn today with the wife of an Andhra Pradesh doctor approaching the Orissa High Court seeking release of her husband from 'unlawful' detention of police.
N Rathnakumari, wife of Vishakhapatnam-based Seven Hills Hospital director N Prabhakar, in a habeas corpus writ sought the intervention of the High Court to ensure that her arrested husband was released from police detention.
She also urged the High Court to ensure that her ailing husband was brought before a judge or a court.
Adjudicating over the writ petition, a Division Bench of Justices Indrajit Mohanti and Biswanath Mohapatra issued express notices to the Odisha Government and asked the investigating police officer to personally remain present in the court on Monday with the case diary.
The Home Secretary, DGP, Cuttack city DCP and Mangalabag police station SHO were asked to submit counter affidavits in court by Saturday with copies served on the petitioner advocate on Sunday so that the matter could be taken up on Monday.
Dr Prabhakar Babu was arrested by a team of Cuttack police from his hospital complex in the neighbouring district on June 17 in connection with an illegal kidney donation involving a Cuttack woman.
But the Cuttack police were unable to obtain a transit remand for Babu and he could not be brought here as he was taken ill immediately after the police arrested him.
Babu was currently under treatment at a Hyderabad Hospital under police custody.
Petitioner's advocate Satyabrata Pradhan said the ailing doctor's wife filed the writ to safeguard her arrested husband's freedom against arbitrary state action.
Pradhan claimed that the provisions under Transplantation of Human Organs Act, 1994 were not applicable to Babu and the police did not follow certain provisions of CrPC while carrying out the arrest.
