Rajasthan High Court Stands Firm: FIR Against Doctors in Kidney Transplant Racket Stands

The Rajasthan High Court has denied a plea to quash an FIR against two doctors from Fortis Hospital, Jaipur, accused in an international illegal kidney transplant racket. Justice Sudesh Bansal’s bench ruled there is substantial evidence against the doctors.

Investigations revealed petitioner No.1 had frequent telephonic contacts with brokers Akash, Prashant Yadav, and Gopal, and suspicious financial transactions were traced from his account to Giriraj Sharma. These transactions are suspected to be illicit payments for performing unauthorized kidney transplants as part of a team with petitioner No.2.

The complaint alleges that Fortis Hospital administrators and doctors engaged in fraudulent kidney transplants for financial gain, bypassing Authorization Committees, and creating forged NOCs using blank signed papers. The FIR includes charges under IPC Sections 420, 419, 471, 120-B, and Sections 18 and 19 of the Transplantation of Human Organs and Tissues Act, 1994.

The petitioners’ counsel argued there was no link between the doctors and the illegal activities, asserting that the transplants were legally authorized and the doctors received only their regular salaries. However, the government’s counsel contended the ongoing investigation had uncovered clear evidence, leading to the arrest of one doctor and implicating the other in illicit financial dealings beyond their salary.

Given the evidence, the Court concluded there was a prima facie case against the doctors and declined to quash the FIR, dismissing the plea under Section 482 CrPC.