Madras High Court forms SIT to probe Namakkal kidney racket

Taking a stern exception to the Tamil Nadu government’s inaction on the Namakkal kidney racket case, the Madras High Court on Monday (August 25) formed a special investigation team (SIT) based on the registrar’s report, to probe the matter.

The court’s Madurai Bench pulled up the state government for failing to register an FIR in over a month after the racket surfaced in the Namakkal district. It expressed disappointment over the failure despite the presence of serious evidence of illegal organ trade.

Court rejects state's list

Hearing a petition filed by Sathiswaran of Paramakudi seeking a Central Bureau of Investigation (CBI) investigation into the racket, the division bench of Justices S M Subramaniam and Arul Murugan rejected the state’s list of officials proposed for the probe, saying it failed to inspire confidence.

Also read: Court slams TN govt as kidney racket thrives in Namakkal district

The SIT will be headed by Inspector General Prem Anand Sinha, and will include Nisha IPS (Nilgiris), Silambarasan IPS (Tirunelveli), Karthikeyan SP (Coimbatore), and Aravind SP (Madurai). The bench asked the director general of police to provide all necessary support and infrastructure for the SIT to carry out a statewide investigation into the scandal.

“The state has tied its own hands by citing technicalities instead of acting against such a grave crime. By not filing an FIR, is the government allowing the kidneys of the poor to be stolen? This failure amounts to a denial of people’s right to life and health,” the judges remarked.

Court asks SIT to register case

The court also directed the SIT to first register a case based on the complaint filed by Namakkal’s chief medical officer and the preliminary report of the government-appointed inquiry committee. The SIT’s investigation will be monitored by the court, and progress reports must be submitted periodically.

Also read: Namakkal kidney racket exposes gaps in Tamil Nadu’s transplant regulation

Earlier, the government argued that under the Transplantation of Human Organs Rules, only the director of medical services was authorised to file a complaint. The bench, however, observed that cases could also be filed under the Bharatiya Nyaya Sanhita, rejecting the government’s stand as “untenable.”

The bench criticised the state’s approach, noting that even though a preliminary inquiry had revealed illegal activities, including brokers targeting the poor, fake documents showing unrelated donors as relatives, and the involvement of private hospitals, no FIR had been registered.

Also read: TN govt suspends transplant licences of two hospitals over kidney sale racket

Court not satisfied with actions taken

When the state government said two brokers had already been arrested and the licenses of two hospitals got cancelled, the court stressed that those actions alone were not sufficient.

“The government’s lack of seriousness in addressing such a sensitive issue is deeply disappointing. Investigation is necessary not just to punish offenders but to protect poor people from being exploited,” the bench observed.

Pointing out that states such as Delhi and Telangana had already registered cases in similar matters, the judges insisted that Tamil Nadu cannot be an exception. They warned that if the state failed to cooperate, the case would be transferred to the CBI.

The matter has been adjourned till September 24, with the court making it clear that the SIT’s probe will be under continuous judicial scrutiny.