Delhi High Court Grants Bail to Senior Surgeon in Alleged Illegal Kidney Transplant Case

New Delhi: The Delhi High Court has granted bail to a senior female surgeon accused of being involved in an alleged illegal kidney transplant racket that included a patient from Bangladesh. 

Court Finds Accusations Against Surgeon Speculative, Orders Further Investigation

In an order issued on August 23, 2024, Justice Amit Mahajan noted that the accusations against the surgeon, particularly regarding falsifying records, are speculative at this stage and require further investigation.

The court highlighted that the surgeon has been in custody since July 1, 2024, and that the investigation related to her appears to be largely complete. 

Justice Mahajan’s bench observed that the prosecution has not alleged that the surgeon was responsible for preparing the documents in question. The documents were authenticated by the relevant Embassy in accordance with the Transplantation of Human Organs and Tissues (TOHO) Rules. Moreover, a Committee established under the Act had reviewed the case and, after consulting with the patient, determined that the organ donation was legitimate. The TOHO Act provides a three-tier safeguard system that includes document submission, Embassy authentication, and validation by a Committee comprising senior doctors and a government official.

Prosecution Concerned About Witness Intimidation, Court Suggests Mitigation Measures

The court also noted that the prosecution does not claim the surgeon was part of the Committee that approved the kidney transplant. The allegations instead suggest that the accused individuals acted as facilitators, arranging for poor patients from Bangladesh to donate organs. It is alleged that false documents were created to enable these surgeries. The prosecution's primary concern is that, as a medical professional, she could potentially intimidate the donor or witnesses. However, the court suggested that this concern could be mitigated through the imposition of appropriate conditions.

At this stage, the accusation against the surgeon primarily revolves around her role in performing the surgery with the alleged knowledge that the patient was not eligible for organ donation.

Defence Argues Surgeon Followed Protocol, Challenges Basis of Allegations

Senior Advocate Vikas Pahwa, who represented the surgeon, argued that the allegations against his client are baseless and that she has been wrongfully implicated. Pahwa claimed that the police detained the surgeon from her hospital on July 1, 2024, at around 11 a.m., and later arrested her, which he argues violates Section 46(4) of the Criminal Procedure Code (CrPC). He pointed out that the First Information Report (FIR) did not name the surgeon as an accused or attribute any specific offence to her.

Pahwa further contended that the surgeon's role was limited to treating patients and that she had no involvement in preparing the documents required under the TOHO Act. He emphasized that she followed all standard procedures and hospital protocols for the surgery, and that the necessary authentication by the concerned Embassy, as mandated by the TOHO Act, was completed before the operation.

According to the Delhi Police FIR, the case involves a well-organized crime syndicate allegedly engaged in illegal kidney transplants. The syndicate is accused of targeting impoverished individuals from Bangladesh and the northeastern states of India, offering them money in exchange for their kidneys. The prosecution identified Mohd. Rasel as the kingpin of the operation, along with his associates Mohd. Sumon, Ratish Pal, and Ifti. They are alleged to have worked with hospital staff to carry out these illegal activities, with Rasel establishing contacts with both kidney donors and patients.

(Inputs from ANI)