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Doctor Cleared in Kidney Transplant Case
26 May
Summary
- Madras High Court discharged a doctor in an illegal kidney transplant case.
- Court cited procedural violations and prolonged harassment of the doctor.
- Criminal proceedings were initiated in June 2021 for an alleged 2011 offense.
The Madras High Court has discharged Dr. M. Ganesan, a nephrologist and organ transplant surgeon, from charges related to an illegal kidney transplant case. The court found that the doctor had been subjected to prolonged harassment, constituting an abuse of legal process.
The criminal proceedings against Dr. Ganesan began in June 2021, concerning an alleged offense from 2011. He was accused of arranging a donor by falsifying affidavits and contravening the Transplantation of Human Organs Act (TOHO Act), 1994.
Justice S Thamilselvi highlighted that the police initiated criminal proceedings without adhering to the special statute's mandate, which requires examination by an Appropriate Authority first. This procedural flaw rendered the First Information Report (FIR) illegal and violated the doctor's fundamental rights.
Consequently, the trial court's rejection of the discharge plea was set aside, and Dr. Ganesan was discharged from all charges, concluding a lengthy legal battle for the physician.
