Cases & Orders

Case Details

These proceedings shall be read in continuation of the earlier proceedings of the Commission dated 05.01.2015. Activist Sangeeta Swain of Human Rights Watch, Odisha in her complaint dated 6.5.2015 has alleged that a kidney theft racket which has been in operation in the State has deceived one of its victim Padmini Nayak. According to the report, the husband of Sangeeta was promised Rs. 3 lakhs for his wife's kidney but he has received only Rs. 50,000/- of the deal amount even after the miscreants have taken away the kidney of his wife. The complainant has further alleged that the racket is active under aegis of certain doctors of Government and Private Hospitals and the police. In course of their operation, the racket has so far victimized a dozen people of the twin cities of Bhubaneswar and Cuttack. The incident of the kidney theft has also been published in the Newspaper 'The Pioneer' on 6.5.2014. Thus the complainant has sought the intervention of the Commission for justice. Pursuant to the directions of the Commission, a report dated 2.2.2015 from DCP, Cuttack enclosed therewith an enquiry report by I/c Manglabagh PS Cuttack has been received. It is reported that on the allegation of one Shankar Nayak, the brother in law of the victim Padmini Nayak Manglabagh PS Case No. 80 dated 1.5.2014 u/s 365 IPC was registered and investigated into subsequently the case turned to a case u/s 120B/365/468/471/34 IPC r/w Section 19 of the Transplantation of human organs and tissues Act, 1994. During investigation, it came to light that one CISF Sub Inspector was suffering from kidney disease and needed a transplantation of kidney. One Nirakar Chaudhury, his relation assured him to arrange a donor for him through his associates Rashmiranjan Khatua of Sukanya Nursing Home of Badambadi locality of Cuttack. They planned to search for a poor and needy person who may agree to donate a kidney for Rs. 3 lakhs. On the other hand, they conspired to get a kick back of Rs. 2-3 lakhs from the transaction by demanding 5-6 lakhs from the patient. Accordingly with the help of one Sarmistha Nayak, they reached Padmini Nayak, the poor wife of a Rickshaw puller and by alluring the couple they induced Padmini to donate a kidney. However, they paid her only a meager amount of Rs. 60,000/- though they collected Rs. 4,40,000/- from the Donee Ajay Swain. Before the operation, the miscreants prepared forged documents to obtain permission from the statutory authority i.e. DMT Odisha to permit the donor to donate her organ to the Donee. On the date of transplantation of kidney while the victim was admitted in the Apollo Hospital, the miscreants misguiding the husband of the donor took him to a secured placed and wrongfully confounded him there and in course of the confinement, the doctors at Apollo Hospital removed a kidney of the victim and transplanted the same on the donee. It is intimated that the accused persons have been arrested and the matter has been entrusted to DMET for further investigation. The Commission has carefully considered the matter. The Principal Secretary to the Department of Health and Family Welfare is directed to submit his response within six weeks. The DCP, Cuttack is directed to submit a report showing the outcome of the said Manglabagh PS Case No. 80/2014 case within the said period. Let a copy of the report be transmitted to the complainant for her comments, if any, within the said period.

Additional Information Called for (Dated 6/25/2015 )