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The Madras High Court on Monday, 25 August, ordered a Special Investigation Team (SIT) probe into the kidney trafficking racket in Tamil Nadu, sharply criticising the state government for its reluctance to register a case despite mounting evidence.
The Madurai Bench, comprising Justices SM Subramaniam and G Arul Murugan, appointed Inspector General of Police (South Zone) Prem Anand Sinha to head the SIT. The team will include Superintendents of Police NS Nisha (Nilgiris), N Silambarasan (Tirunelveli), K Karthikeyan (Coimbatore) and BK Arvind (Madurai).
The court directed the SIT to register a First Information Report (FIR) based on a complaint filed by the Namakkal Chief Medical Officer and the findings of a state-appointed committee.
The committee, led by Health Systems Project Director S Vineeth, began its probe on 22 July into allegations that poor workers in Pallipalayam and other parts of Namakkal district were lured into selling kidneys for promised sums of Rs 5 lakh to Rs 10 lakh but were paid far less.
The state government informed the court that it had cancelled the kidney transplant licences of Dhanalakshmi Srinivasan Medical College in Perambalur and Cethar Hospital in Trichy after the inquiry found violations of the Transplantation of Human Organs Act, 1994. Both institutions allegedly used forged documents to secure approvals and procured organs from unrelated donors in exchange for money through brokers and transplant coordinators.
The committee named two brokers, Anandan and Stanley Mohan, as key facilitators of the illegal transplants. Based on bank records, phone data and other evidence, FIRs have been registered under relevant provisions of the Bharatiya Nyaya Sanhita.
Expressing disappointment with the state’s handling of the case, the court rejected the government’s argument that there was a statutory bar under the Transplantation of Human Organs and Tissues Act. It said the racket involved fabricated documents and exploitation of economically weaker people by hospitals, doctors and brokers — cognisable offences under several laws.
The bench also ordered the Director General of Police and the Director of Medical and Rural Health Services to assist the SIT with technical support, and said the investigation would be closely monitored.
The SIT has been directed to submit its report within a month. The matter has been adjourned to 24 September. The orders came on a Public Interest Litigation (PIL) filed by advocate SN Sathishwaran seeking a CBI probe.