The Tribune - Windows - Main Feature

Saturday, November 30, 2002

M A I N F E A T U R E

by Reeta Sharma

Chuni Lal, who belongs to Faizabad district of UP, landed in Amritsar in search of a job some 25 years ago. He began selling tea on the roadside in the Company Bagh area. "I lived in Jagdamba Colony and whatever I earned from making tea, I used in gambling. I used to fill pouches of blood from people and sell them. Raju, the blood technician at Guru Nanak Hospital, would collect these pouches from me. Those who sold blood would be paid Rs 230 by Raju, and I would get Rs 50 for each person." Chuni Lal even sold his own blood to Raju, whenever he needed money. He says he has drawn 500 to 600 pouches of blood from his own body.

As per the police investigation, his tea-stall became an adda for kidney racketeers who lured unsuspecting young boys or poor people to sell their kidneys. Chuni Lal was the co-conspirator in such deals. Several people reportedly died during kidney extraction and he cremated these bodies as ‘unclaimed’ in Durgiana Temple. As per the temple records, his name figures at least 20 times. However, during police interrogation, Chuni Lal confessed that he had performed scores of such cremations. He even used to keep a record in a notebook of all the people who came to sell their blood to him.

THE kidney sale scandal, exposed recently by the Superintendent of Police of Amritsar, Kunwar Vijay Partap Singh, has opened a can of worms. Besides middlemen, the names of some doctors and lawyers have also been linked with this gory racket that thrives by capitalising on the need of both the donor and the recipient. Poor donors, who are desperately in need of money, are lured to sacrifice a body organ and more often than not are even denied the promised money. The patient, who is in a life- threatening situation, is milked of as much cash as possible by unscrupulous elements. It is a sordid tale of greed over human considerations.

The first case that came to light was that of Balwinder Kumar, whose kidneys had failed in November 1990. Son of Mehar Chand, the then sarpanch of Kalsian village in Bhikhiwind, Balwinder’s kidney was transplanted with that of his mother’s in 1991 at the PGI, Chandigarh. For one year, the kidney functioned well but after that his health began to deteriorate. This time, his father took him to Ram Saran Das Kishori Lal Charitable Trust Hospital, popularly known as Kakkar Hospital, in Amritsar. Here, Balwinder Kumar was told by Dr Harsharan Kaur that he needed blood and thus three bottles were administered to him. In May 1992, she put him on dialysis, saying that his kidney had failed.

The key players

"Dr Harsharan Kaur told us that she would organise a kidney for my son for Rs 75,000. Dr Harsharan Kaur sent us to one Dr Virinder Gupta in Jahangirpuri in Delhi. Dr Gupta found a donor, Jagmohan, and sent him with us to Amritsar. On August 22, 1992, Dr Harsharan Kaur declared Jagmohan fit for a kidney transplant for my son. But that turned out to be the beginning of the end of my son, as Jagmohan, we discovered far too late, was HIV positive. Apparently, Kakkar Hospital had conducted no tests on Jagmohan. We decided to trace Jagmohan and sent him a registered letter. The letter returned to us, for no Jagmohan resided at the given address. We realised that the donor had carried a fake name and address. In March 1993, my son died, but I decided to fight for justice in order to not only get the guilty punished but also ensure that no one else’s child died at the hands of negligent doctors. "

Mehar Chand approached Vimla Dang, then a sitting MLA. She raised the issue in the Punjab Vidhan Sabha. Despite facing indifference at the hands of the political leadership, Vimla Dang vociferously sought attention of the House to the grave matter. Finally, an inquiry was ordered by the Grievances Committee, which deputed Capt P. S. Shergill, the then Public Grievances Officer, to probe into the case.

Captain Shergill in his 22-page report had concluded: " It is also proved that no HIV test was conducted on Jagmohan, the kidney donor for Balwinder Kumar, and Dr Harsharan Kaur and Dr Sareen were highly negligent by clearing him for kidney donation without proper investigations...The death of Balwinder Kumar is fully attributable to the negligence on the part of Dr Harsharan Kaur and Dr Sareen. They also indulged in the illegal sale of vital human organs through Dr Gupta."

The inquiry report had also made a reference about the earnings of doctors of Kakkar Hospital. One of the witnesses had deposed before the inquiry officer that he had spent about Rs 3.5 lakh on the kidney transplant of his son. Hence, Captain Shergill had recommended that the case of these doctors should be forwarded to the Income-Tax Department for assessment. The report recommended that the case should be handed over to the CBI for a "fool-proof case and for the conviction of the guilty doctors, who were playing with the precious human lives for monetary benefits."

On the basis of this inquiry report, a case was registered under Sections 304-A, 383 and 384 of the IPC at Amritsar in July 1995. Subsequently, the three doctors obtained anticipatory bail from the High Court. Vimla Dang, who was following the case, once again had to fight the police, which was allegedly taking recourse to delay tactics to shield the guilty. She declares: "Even after more than a year of the registration of the case, the police was dilly-dallying in putting up the challan in the court. Finally, when the police did put one, it kept the names of Dr Harsharan Kaur and Dr Parveen Sareen in column no. 2 and made Dr Virinder Gupta of Delhi the main accused. Surprisingly, the CJM summoned the Amritsar doctors without putting evidence against them on record. These doctors, naturally, approached the Punjab and Haryana High Court for a stay, which was granted. "

Interestingly, the case remained buried for the next four years. Meanwhile, shockingly, the case file also disappeared from the Punjab and Haryana High Court. When it was brought to the notice of the Honourable Bench, the reconstruction of the file was ordered. The Court finally after four years directed the CJM that the case be expeditiously concluded, latest by November 30, 2001. "But the case is still pending," rues Mehar Chand, who is tenaciously fighting this case.

It may be recalled that Vijay Partap Singh busted the kidney racket on September 21 by arresting 12 donors and two middlemen from Amritsar. However, the alleged kingpin, Vicky Bhatia, had succeeded in evading arrest. On October 7, the SP arrested an advocate, Rajan Puri, for allegedly making fake affidavits. Despite the fact that there was clinching evidence against this advocate, the lawyers of Amritsar went on strike. Since now it has gone on record that affidavits were not signed by the Executive Magistrate, the lawyers have withdrawn their support to their colleague. Subsequently, investigations were taken away from Singh.

Vimla Dang’s husband Satya Pal Dang, also a crusader, bluntly accuses Inspector General of Police Rajan Gupta of shielding the accused doctors in the kidney-trade scandal. He substantiated the charge by saying that Gupta had written to the SSP, Narinderpal Singh, directing him to transfer the investigation from the SP (City-1), Kunwar Vijay Partap Singh, to the Crime Branch of the police. Dang says that where was the need to transfer the investigation at this stage to the Crime Branch when Kunwar was already doing an excellent job of the investigation. "As many as three doctors have already been named in the court. Donors are given only an insignificant amount of the large sum which the rich patients are forced to pay. Though a nexus between doctors and middlemen is at play yet, shockingly, Punjab Minister for Medical Education and Research Ramesh Chander Dogra gave a clean chit to the doctors, including Dr. O P Mahajan, Chairman of the Authorisation Committee. The Minister, while speaking to mediapersons in Amritsar, even declared that he would ask the DGP to issue directions to the police to not harass the doctors. All this amounts to gross interference with the investigation and prevents law from taking its course."

Narinderpal Singh, SSP, Amritsar, however, contends that the Amritsar police is doing its best to bring the guilty to book. "Investigations are a long process and my SP is proceeding as per the law. Once we are sure of the evidence, we will register cases against the accused, irrespective of their position and status."

However, despite the assurance, public disquiet on the issue is apparent. Former BJP MLA Laxmi Kanta Chawla has filed a writ petition in the Punjab and Haryana High Court contending that doctors, middlemen and lawyers are not being brought to book. She has specifically contended in the court that the present officer (Kunwar Vijay Partap Singh) should not be transferred since he is the principal investigating officer who unearthed the scandal. "Despite my writ petition, scheduled for hearing in December, Rajan Gupta has already transferred the case from Vijay Partap Singh to the Crime Branch of the police, which amounts to contempt of court. Besides, it is a clear indicator that Inspector General of Police Rajan Gupta is shielding the accused doctors," she adds.

Rajan Gupta countered these allegations by asserting: "I have not sent the case to the Crime Branch on my own but as per the directions of the Additional Director General of Police (Crime). You may recollect that the state is considering giving the case to the Vigilance Bureau. However, the ADGP will first make up his mind in this regard. For this purpose, the Crime Branch has to study the files. Hence these have been sent to them."

"There is no truth in the allegation that Dr Sareen took me abroad. I paid for the trip from my own pocket. I did accompany Dr Sareen, who was going for a conference to Miami. Is it a crime to accompany someone? Dr Sareen had operated upon my wife in Kakkar Hospital and that’s how we became friends. But this does not mean that I will shield any doctor, if he or she is found guilty.

Vijay is an excellent officer, doing commendable job in this case. But as a senior, I have always counselled him to go precisely by the evidence. Considering the enormity of this case, it may even go to the CBI."

When Dr Parveen Sareen was asked about the accusations made against him about organising kidney donors for patients, he vehemently shot a denial: "We never even discuss the topic of kidney donors what to say of organising them. Even if my mother was to recommend a case which required a kidney transplant, I would refuse because it is not my duty."

When asked why Satya Pal Dang, Laxmi Kanta Chawla and Ratna of the Congress were pointing fingers at him and Kakkar Hospital, he replied, "I may have unwittingly antagonised them at some point but I have great regards for them."

Meanwhile, the Punjab Nephrology Society has been putting across its views on the organ transplantation through advertisements and press briefings. Its Secretary, Dr Navdeep Khaira, has stated that surgeons would perform no more kidney transplantations till fresh guidelines were issued. The Society has welcomed the government’s decision to hand over the investigation to the Vigilance officials and has offered full co-operation. It has demanded fresh guidelines for the Authorisation Committee to establish identity of donors and to check exploitation.

"My kidney was removed at gunpoint"

Raju THE case study of Raju of Moradabad is hair-raising. He was forced to leave his widowed mother and young sister back in the village in search of a job. When he arrived at Delhi railway station, he was befriended by one Salim. "He persuaded me to sell one of my kidneys for Rs 50,000. I got carried away, as I badly needed money to support my mother and sister. I was brought to Amritsar. Here, in Kakkar Hospital, one Dr Jayant operated upon me. In the first operation, my kidney could not be taken out. So, immediately the second operation was also conducted upon me. That is why this huge line of stitches on my body. The recipient of my kidney was a policeman, C B Pandey, from Nepal. After the operation, when I regained my consciousness, I was lying in a hospital with no money and no medicines. " He is at present in jail.

Loken Kumar Yogi, who has studied up to the eighth and is an electrician by profession, is a son of a temple pujari in Indore, MP. He has been a victim of Chuni Lal, tea vendor, who lured him to sell his kidney for Rs 50,000. "Chuni Lal escorted me to a lawyer called Rajan Puri and one Vicky Bhatia. They took me to Dr Parveen Sareen, who said I would have to be administered five bottles of blood before the operation. These Chuni Lal promised to provide. As per the affidavit, everything was organised by Rajan Puri, who put on record some Gobind as my brother. Finally, I was taken to New Ruby Hospital, where one Joginder Singh, alias Happy, was the recipient of my kidney. After the operation, they handed to me only Rs 3,900, saying that they had paid Rs 1,000 to Gobind to act as my brother and the rest they had given to doctors and others." Tinku, whose full name is Yogesh, and who has studied up to fifth class, is accused of being a middleman in this racket. He had this to say: "I used to organise kidneys from willing donors but I had stopped all this for the past two years. But the police arrested me solely on the basis of my previous reputation. I have never forced anyone to donate his kidney. Earlier, the going rate was Rs 85,000 but now it is Rs 1.05 lakh."

Bagicha Singh of Ludhiana has complained that his kidney was removed at gunpoint. To change his identity, his hair was trimmed and even his religion was changed. The person who took his kidney is one Suresh Sharma, an inspector with the Haryana State Electricity Board.

The Sunday Times of London has reported the death of one 69-year-old Darshan Sandhu, a British passport holder, at a hospital in Jalandhar during a kidney transplant. Interestingly, the name of one Dr Bhagat Singh Makkar, who practised in England, was struck off the Medical Register after an inquiry held him guilty. Evidence against yet another doctor, Jarnail Singh of Coventry in England, has also been collected from a taped conversation in which kidney sale was promised from India.

"The police has no jurisdiction to handle these complaints"

TILL 1993, there was no legality involved in the transplantation of kidney. However, in 1994, the Transplantation of Human Organs Act was framed under which every activity related to transplantation of human organs came under the scanner of the law. As per the Act, any hospital offering to transplant kidneys has to get registered. The Punjab Government adopted this Act in 1997. Only Kakkar Hospital, Amritsar; Kidney Ruby Hospital, Jalandhar; and Kidney Hospital, Ludhiana are registered with the regulatory authority of the state—Director, Research and Medical Education (DRME).

Under this Act, the DRME is bound to formulate an Authorisation Committee, which should ensure the credentials of the kidney donor in case he/she is not a blood relation of the recipient. In Amritsar, this Authorisation Committee constitutes of the chairperson, Dr O. P. Mahajan, Principal, Government Medical College, Amritsar, and three more members —Civil Surgeon, Amritsar; Professor and Head, Medicine, Medical College, Amritsar; and Professor and Head, Forensic Medicine, Medical College, Amritsar. What is ironical about this Authorisation Committee of Amritsar is that it abdicated its responsibility right in the beginning of its inception by introducing the practice of seeking an affidavit by the donor. The story of the affidavit is extremely questionable. The majority of the affidavits, amazingly, use similar language. For instance, most donors have this to say: "I am a domestic servant in the house of so and so for the past 10 years to 12 years. They have taken care of me like a family member and hence I want to donate my kidney to so and so…." Most recipients, in contrast, give the argument that their near relation cannot give the kidney because their proposed marriages will get hampered. Interestingly, this concern is not voiced in case of the domestic servant with whom they claim to have built bonds. The chairperson, Dr O P Mahajan, defending the practice of submitting affidavits, says, "These affidavits are duly signed by an Executive Magistrate, hence, there is no question of doubting them." However, Kunwar Vijay Partap Singh, who has been investigating this case, had discovered that majority of the affidavits were fake. Though admitting that an affidavit was not required under the Act, Dr Mahajan said, "To be on the safe side, we continued the practice of affidavit introduced by my predecessor." He is also of the view that the complainants, who include cheated donors as well as recipients, should not have gone to the police. "The police has no jurisdiction to handle these complaints. Anyone who is aggrieved in kidney transplantation should only go to the DRME. Such complaints only give a handle to police to harass complainants and doctors, " he adds. But a writ petition filed in the Punjab and Haryana High Court contending that the police had no jurisdiction to handle such cases and that the patients and doctors were being harassed by the police was dismissed by the court.

A copy of a signed affidavit without the name of the donor: Nothing amiss?