Madras High Court appoints Special Investigation Team to probe kidney sale racket

The Madurai Bench of the Madras Excessive Courtroom on Monday appointed a Particular Investigation Group, headed by Inspector-Normal of Police (South Zone) Prem Anand Sinha, to probe the allegations of an organ transplantation racket, particularly that of kidney, throughout the State.

A Division Bench of Justices S.M. Subramaniam and G. Arul Murugan  constituted the SIT comprising the Nilgiris Superintendent of Police  N.S. Nisha, Tirunelveli Superintendent of Police N. Silambarasan,  Coimbatore Superintendent of Police Okay. Karthikeyan, and Madurai  Superintendent of Police B.Okay. Arvind.

It requested the SIT to submit a report on the progress of the probe, to be monitored by the court docket, and the DGP to supply help to the SIT. It additionally requested the Director of Medical and Rural Well being Companies to supply technical inputs to the staff. It took observe of current media studies on the arrests in Telangana in reference to an inter-State organ trafficking racket.

The Bench mentioned trafficking in human organs would infringe the elemental rights of a citizen. Any violation wouldn’t solely offend Article 21 of the Structure however would additionally trigger well being issues to the donor or the recipient. It might have wider implications for upkeep of public well being. The State must be delicate whereas coping with such points.

It mentioned that given the seriousness of the allegations, the State was not anticipated to stay a mute spectator. It was hesitating to register an FIR, stating that there was a statutory bar. Such a stand was unacceptable and the State had not proven sufficient sensitivity.

The State submitted that below the provisions of the Transplantation of Human Organs and Tissues Act, the police can’t file the ultimate report. As a substitute, the suitable authority should conduct the investigation. Nonetheless, the court docket mentioned cognizable offences had been made out within the kidney trafficking racket.

The State mentioned in a standing report that an inquiry was carried out by a committee headed by Venture Director of Tamil Nadu Well being Methods Venture S. Vineeth. Licences granted to Dhanalakshmi Srinivasan Medical School and Hospital at Perambalur and Cethar Hospital in Tiruchi for conducting kidney transplants had been cancelled, it was submitted.

Throughout an inquiry and a assessment of the paperwork, it emerged that the required certificates had been fabricated to create an impression that the donors and the recipients had been household associates and that donors had been organized by brokers for monetary causes, it mentioned.

The court docket was listening to a public curiosity litigation petition filed by S.N. Sathishwaran of Paramakudi in Ramanathapuram district. 

The petitioner mentioned kidney transplants had elevated considerably throughout Tamil Nadu. Nonetheless, illegalities had been being dedicated within the means of kidney transplants. He mentioned Dhanalakshmi Srinivasan Medical School and Hospital and Cethar Hospital had been discovered to have dedicated severe medical malpractices and kidney thefts. The 2 hospitals, he mentioned, had been linked to the political personalities belonging to the ruling DMK.

He mentioned the scandal started unfolding when movies of employees of Pallipalayam and close by areas in Namakkal district surfaced on-line. The victims claimed that they had been lured into promoting their kidneys for ₹5 lakh-₹10 lakh. A number of victims later admitted that they obtained a lot lower than what was promised. The petitioner sought a CBI probe.