Court Finds Discrepancies in Affidavit, Says Petitioner Did Not Approach with ‘Clean Hands’
The Nagpur Bench of the Bombay High Court has dismissed a petition filed by a Delhi-based doctor accused in the alleged Chandrapur kidney transplant racket after finding serious discrepancies in an affidavit submitted before the court. The Bench also imposed a penalty of Rs 25,000 on the petitioner, observing that he had not approached the court with “clean hands.”
The case is linked to an alleged interstate illegal kidney transplant racket in which investigators claim financially distressed farmers were targeted as organ donors. The investigation has revealed a suspected nationwide network involving agents, donors, recipients, and specialised medical professionals. Police have alleged that several illegal kidney transplants were conducted at a hospital in Trichy, Tamil Nadu, with recipients reportedly paying between Rs 50 lakh and Rs 80 lakh for each transplant.
A Division Bench comprising Justices Urmila Joshi-Phalke and Nivedita Mehta dismissed the petition after the Maharashtra government pointed out irregularities in the affidavit dated June 22 filed by the petitioner.
The doctor had approached the High Court alleging that the Brahmapuri Police in Chandrapur district violated his fundamental rights under Articles 14 and 21 of the Constitution, along with provisions of the Transplantation of Human Organs and Tissues Act.
During the hearing, State Government Pleader and Senior Counsel Devendra Chauhan, assisted by Amit Chutke, argued that the affidavit filed by the petitioner was fraudulent. The prosecution submitted the statement of notary public Poonam Moon and extracts from the official notary register to support its claim.
According to the submissions, the notary stated that the petitioner had never appeared before her to swear the affidavit. The High Court also noted discrepancies between the signatures recorded in the notary register and those appearing on the affidavit filed before the court.
Referring to the Supreme Court judgments in Vijay Syal vs State of Punjab and K.D. Sharma vs Steel Authority of India, the Bench observed that litigants cannot be permitted to pollute judicial proceedings by making false statements or misrepresentations.
“It is necessary that parties should not make false or knowingly inaccurate statements or misrepresentation,” the Bench observed, stressing the importance of maintaining the sanctity of judicial proceedings.
The judges further remarked that the petitioner, being a medical professional, was expected to uphold higher standards of conduct. “The petitioner is not a layman. He is a doctor by profession. He approached this court, but not with clean hands,” the Bench noted while dismissing the plea and imposing costs of Rs 25,000.
The Chandrapur kidney transplant case continues to be investigated as authorities probe alleged violations of organ transplantation laws, unauthorised transplant procedures, and the involvement of multiple accused across different states.
