Kolkata: Based on the complaint by a former director of Health services, Calcutta High Court has directed the lower court to ask the Joint Commissioner of Police (Crime), Kolkata to comply with a previous order to conduct inquiry into an alleged nexus of commercial trade of human organs (kidney) between a private super-speciality hospital off EM Bypass and a doctor.
The bench of Justice Ajoy Kumar Mukherjee was moved by two petitioners, Medica Super Speciality Hospital and one Dr. Dilip Kumar Pahari, seeking quashing of the criminal complaint against them.
The case revolves around a complaint filed by former director of health services, Dr Biswanath Satpati, alleging offences under Sections 19, 20, and 21 of the Transplantation of Human Organs and Tissues Act, 1994 (prohibition on commercial dealings in human organs), along with Sections 181 (false statement on oath), 182 (false information to public servant),120B (criminal conspiracy) and 34 (common intention) of IPC.
The accused, including Medica Super Speciality Hospital and Dr. Dilip Kumar Pahari, are alleged to have engaged in commercial dealings involving kidney transplantation in violation of the Act, in connivance with touts and others for unlawful gains.
Counsels of both petitioners argued procedural irregularities and lack of evidence to substantiate the allegations. It was argued that the inquiry under Section 202 CrPC was conducted by an unauthorised officer instead of the Joint Commissioner, violating the court’s directive. Reports were submitted without independent investigation. Further, the complaint failed to specify the petitioners’ roles or provide evidence of their involvement in commercial organ transplantation.
The petitioners’ roles were limited to medical and administrative duties with no authority over final approval for transplantation which rests with the Authorization Committee under Rule 7 of the Act.
The court found that the previous inquiry was conducted by an unauthorised officer instead of the Joint Commissioner, violating the Magistrate’s explicit order. The Joint Commissioner lacked authority to delegate the inquiry without court approval.
The Magistrate’s order issuing process on May 22, 2015, erroneously noted that the Joint Commissioner had submitted the report, indicating a lack of judicial application of mind. The inquiry report relied solely on pre-existing documents, lacking independent investigation, which undermined its validity.
The court quashed the Magistrate’s order dated May 22, 2015, and all subsequent orders due to the procedural irregularities. The court remanded the case to the Magistrate for fresh consideration following a proper inquiry by the Joint Commissioner of Police (Crime), Kolkata, and a report submitted within 60 days.
The Magistrate was instructed to decide whether to proceed under Section 203 (dismissal) or Section 204 (issuance of process) CrPC based on the new report.
Last year, Manipal Hospitals acquired a majority stake of Medica Synergie which owned the Medica Super Speciality Hospital.