Delhi HC grants bail to surgeon in Illegal Kidney Transplant Racket involving patient from Bangladesh

New Delhi [India], August 24 : The Delhi High Court has granted bail to a senior female surgeon implicated in an alleged illegal kidney transplant racket involving a patient from Bangladesh. The court noted that at this stage, accusing the surgeon of falsifying records seems too speculative and is an issue to be addressed in further investigations.
In an order dated August 23, 2024, Justice Amit Mahajan's bench noted that the applicant has been in custody since July 1, 2024. The investigation concerning her appears to be complete, and the only concern raised by the prosecution is that, as a doctor, she might threaten the donor or witnesses. The court suggested that this concern could be addressed through appropriate conditions.
The court observed that the prosecution did not claim that the applicant prepared the documents in question. The documents were authenticated by the relevant Embassy according to the TOHO Rules. Additionally, a Committee established under the Act, after consulting with the patient, concluded that the organ donation was for legitimate reasons. The Act itself has a three-tier safeguard system: document submission, authentication by the Embassy, and validation by a Committee comprising senior doctors and a senior government officer.
The court noted that the prosecution does not claim the applicant was part of the Committee that approved the kidney transplantation. The allegations suggest that the accused acted as facilitators in arranging for poor patients from Bangladesh for organ donations. It is alleged that false files were created based on fabricated documents to enable the surgeries. At this stage, the accusation against the applicant is primarily that she performed the surgery while being aware that the patient was not eligible for organ donation.
Senior Advocate Vikas Pahwa, representing the female doctor, argued that the allegations against her client are false, frivolous, and baseless, asserting that she has been wrongfully implicated. He submitted that the police took the applicant from the hospital on July 1, 2024, at around 11 a.m. and arrested her later that evening, which Pahwa claims violates Section 46(4) of the CrPC. The FIR does not name the applicant as an accused or attribute any specific offence to her.
Senior Advocate Vikas Pahwa also contended that the applicant only treated patients and had no role in preparing the relevant documents required under the TOHO Act. He emphasized that she followed all standard procedures and hospital directives for the surgery. The authentication by the concerned embassy, a prerequisite under the TOHO Act, was duly complied with before the surgery.
According to the Delhi Police FIR, the case involves a well-organised crime syndicate allegedly engaged in illegal kidney transplants. The syndicate is said to have targeted poor and unprivileged individuals from Bangladesh and North Eastern states, offering money in exchange for their kidneys. Mohd. Rasel, identified as the kingpin, and his associates--Mohd. Sumon, Ratish Pal, and Ifti--are alleged to have collaborated with hospital staff in these illegal activities. Rasel is said to have established contacts with both kidney donors and patients, stated the prosecution.