Illegal Kidney Transplantation Racket: NO HC Relief to Fortis Hospital Urosurgeon, Nephrologist

Jaipur: Denying relief to the Jaipur-based Fortis Hospital's doctors who were allegedly involved in an illegal kidney transplantation racket, the Rajasthan High Court has dismissed a criminal miscellaneous petition filed by them seeking to quash a First Information Report (FIR) in this connection. Two doctors, who were working as Medical Officers at the facility, filed the plea. Among them, petitioner no. 1 Dr. Bansal is a Urosurgeon at the hospital. The other petitioner is a nephrologist Dr Goswami, who was previously arrested for allegedly being involved in this racket.

Medical Dialogues had earlier reported about the fraudulent case involving the issuance of fake No Objection Certificates (NOCs) for organ transplants. Busting this racket involving the sale and purchase of fake NOCs for organ transplants, a team of Jaipur Anti-Corruption Bureau (ACB) had arrested three hospital employees- an administrator officer of government-run Sawai Man Singh (SMS) Hospital, and transplant coordinators of EHCC Hospital and Fortis Hospital.

Earlier, in this connection, the vice-chancellor of Rajasthan University of Health Sciences (RUHS) Dr. Bhandari resigned from his position voluntarily. Recently nephrologist Dr Goswami and urologist Dr Gupta of Fortis Hospital were arrested after police found evidence of their direct involvement.

Also Read: Rajasthan: Fake organ transplant NOC racket busted; 2 suspended, 1 terminated

Now Dr. Goswami and another Urosurgeon Dr. Bansal filed pleas after an FIR was registered at Police Station, Jawahar Circle, District Jaipur City (East) for offences u/s. 420, 419, 471, and 120-B of the Indian Penal Code, 1860 (IPC).

During the investigation process, additional charges were brought against them under Section 370 IPC and Sections 18 and 19 of the Transplantation of Human Organs and Tissues Act, 1994 (TOHO Act, 1994).

The Court noted that one of the concerned medical officers was in telephonic contact with brokers he also performed kidney transplantation as a team member of the other officer.

"In the opinion of this Court, no prima facie case is made out in favour of petitioners to quash the impugned FIR. As per the investigation report, petitioner No.1 has been found to be in telephonic contact with brokers namely Akash, Prashant Yadav and Gopal, as much as money transaction from his bank account with the Giriraj Sharma, has also come on record. Such money transaction is apprehended to be part of payment apart from salary, for performing operation of kidney transplantation illegally," noted the Court.

"It has revealed in the investigation that petitioner No.1 performed operation of kidney transplantation as a team member of petitioner No.2, and both petitioners, as also coordinator Mr. Giriraj Sharma were working at Manipal Hospital, Jaipur and have joined Fortis Escort Hospital, Jaipur together. In the present case, offences under the Indian Penal Code u/s. 419, 420, 370, 467, 468, 471 and 120-B and offences u/s. 18 and 19 of the TOHO Act, 1994, both are involved, therefore, it may not be said that cognizable offence is not involved in the impugned FIR," it further observed.

Also Read: Fortis Hospital Nephrologist, Urologist arrested in organ transplant NOC forgery case

As per the FIR in question, an international racket was busted in respect of the illegal transplantation of a human organ(kidney) at Fortis Hospital, Jaipur under section 370 IPC as also under Sections 18 and 19 of the Transplantation of Human Organs and Tissues Act, 1994. Besides, Section 13(3)(iv) of the TOHO Act, 1994, was also invoked.

12 accused persons, including one of the accused doctors, were arrested and they were in judicial custody. During the investigation, it was allegedly revealed that the petitioners contacted brokers and engaged in monetary transactions with Sharma, who is the kidney transplant coordinator at Fortis Hospital.

The counsel for the petitioner doctors argued that they were innocent and were salaried doctors at Fortis Hospital, where they performed operations of kidney transplantation, being authorized and degree holder doctors, under instructions of the coordinator and the doctors concerned had no nexus with preparing forged NOCs, it had been prepared by the coordinator with the connivance of the concerned person of the State Level Authorization Committee at SMS Hospital, Jaipur.

Further, the counsel argued that the doctors did not have any connection/nexus with brokers or patients and they did not receive any extraneous benefits or consideration to perform such operations of kidney transplantation, except receiving their monthly salary from the hospital.

It was argued by the counsel for the petitioners that they had been implicated arbitrarily in the criminal case with an ulterior motive. Therefore, he prayed that the impugned FIR deserved to be quashed against the petitioner doctors.

On the other hand, the Government Advocate opposed the plea and argued that the investigation was underway. He further submitted that one of the doctors was found to be in touch with brokers and money transactions in his bank account apart from salary with the coordinator, also came to light. Such transactions seemed to be received against the conduct of the operation of illegal kidney transplantation with the other doctor.

While considering the plea by the doctors, the Court perused the progress report of the investigation and noted that "...it cannot be held that both petitioners have been sought to be involved in the present case without there-being any iota of evidence against them, to connect petitioners with the scam of illegal transplantation of human organ (kidney) at Fortis Hospital, Jaipur, for commercial benefits."

Also Read: Fake Organ Transplant NOC Case: RUHS Vice Chancellor Dr Sudhir Bhandari resigns

Noting that the investigation was underway, the Court observed,

"In the opinion of this Court, no prima facie case is made out in favour of petitioners to quash the impugned FIR. As per the investigation report, petitioner No.1 has been found to be in telephonic contact with brokers namely Akash, Prashant Yadav and Gopal, as much as money transaction from his bank account with the ***Sharma, has also come on record. Such money transaction is apprehended to be part of payment apart from salary, for performing operation of kidney transplantation illegally. It has revealed in the investigation that petitioner No.1 performed operation of kidney transplantation as a team member of petitioner No.2, and both petitioners, as also coordinator Mr. Sharma were working at Manipal Hospital, Jaipur and have joined Fortis Escort Hospital, Jaipur together. In the present case, offences under the Indian Penal Code u/s. 419, 420, 370, 467, 468, 471 and 120-B and offences u/s. 18 and 19 of the TOHO Act, 1994, both are involved, therefore, it may not be said that cognizable offence is not involved in the impugned FIR."

The High Court clarified that it was a settled proposition of law that "inherent jurisdiction by the High Court u/s. 482 Cr.PC for quashing of FIR/ complaint should be exercised sparingly, with care and caution in rarest of rare cases, where prima facie it is established that no cognizable offence is made out against accused persons or their involvement is without any basis or with malicious intent for wreaking vengeance, with a view to spite them due to private and personal grudges."

"It is no more res integra that remedy for quashing of FIR/ complaint is not a matter of routine, but can be invoked only in exceptional circumstances," it further noted.

The court observed that the petition concerned does not fall within the exceptional category and the case of the petitioners does not fall in any of the categories as expounded by the Hon’ble Supreme Court in case of State of Haryana Vs. Choudhary Bhajan Lal [1992 Supp. (1) SCC 335].

With this observation, the bench denied granting relief to the doctors and noted, "Consequently, the present criminal misc. petition, seeking to quash the impugned FIR, is hereby dismissed."

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/rajasthan-hc-kidney-240088.pdf

Also Read: Jaipur Kidney Transplant Racket: Donors, recipients lured from Bangladesh, FIR registered