PUCL Bulletin, July 2004

Letter to NHRC

Punjab police fabricate charge against doctor

The Chairman, National Human Rights Commission, New Delhi,

Dear Sir, Two most infamous and notorious violations of human rights by trigger happy police in Punjab to extort huge amount of money and settle personal scores were of Kidney transplant expert Dr. P.K. Sarin of Amritsar and of Pop star Daler Mehndi by Patiala Police.

Since I have been in touch with the case of Dr. Sarin right from the beginning I am in a position to say something about it. One police officer at Amritsar might have been offended by Dr. Sarin in some way or the other, so he prepared a well thought out plan to frame Dr. Sarin in a false, fictitious and totally biased case of Kidney transplant. The hue and cry raised by Amritsar police through media about the kidney scam was so wide that not a single word of explanation given by the medical fraternity and a large number of kidney recipients was published by the press to expose the motivated, biased and revengeful act of police. The government was in euphoria over the PPSC scandal that it chose not to investigate kidney scam under the law of transplant act but wanted to get publicity at the expense of Dr. Sarin.
The story concocted in the FIR against Dr. Sarin is so foolish and absurd that it neither conforms to the Organ Transplant Act nor to the medical science. No medical enquiry was conducted and no thorough investigations were done before framing charges against Dr. Sarin.

According to the Organ Transplant Act a long procedure has to be followed before a doctor undertakes transplant. There are lawyers, judicial officers, and authorization committee who have to put their stamp on the papers that are required for transplant to be carried out. Surprisingly not a single person from these fields except Dr. Sarin and a few other doctors are a target of the police.

The transplant act lays down a mechanism of inquiry under clause 22. It lays down punishments under clause 18 and 19 and it also lays down the method of scrutiny when a doctor is approached by a patient for transplant from unrelated donor under clause 14.

There is not a single case of transplant in Punjab where the doctors have not followed the rules laid down in the act. On the other hand the police have not followed the procedure laid down in clause 22 and have not picked up anyone except the doctors from the long list of violators mentioned in clause 18 and 19. Transplant act being a special act, nobody can alter the procedure laid down for inquiry even by adding other clauses of IPC. A number of court rulings are available to this effect.

We also have documents to prove that this police officer has sent factually incorrect information to various authorities against Dr. Sarin and other doctors.

Lastly, the very fact that 99% of the misinformation publicized by the police to create a bias against Dr. Sarin does not find even a mention in the charge sheet, should be sufficient to substantiate what I have written.

A world famous kidney transplant surgeon is falsely implicated in a criminal case under uncalled for and unwarranted sections of IPC as 420, and 302 and many other outlandish sections of IPC. It is dangerous trend when the society, the courts and human rights organizations permit the police to book a doctor for murder for the death of a patient three weeks after surgery.

This is not the only such case in Punjab. Doctors in Ludhiana were booked under sections 420 and 307 of IPC for operating upon a patient with pus abdomen and stones in the kidney. Doctors in Jallandhar and Muktsar were booked under section 304 of IPC. The alarming thing is that in none of the cases cited above even a cursory medical opinion was taken.

I as a human rights activist request your honor to order a high-level investigation in to the whole case against Dr. Sarin to reveal the truth behind conspiracy by Amritsar police to destroy the reputation and profession of a famous doctor. Strict action should be taken against the guilty who have also jeopardized the life of hundreds of kidney patients.

The General Secretary, Nephrological Society of Punjab Dr. Navdeep Khaira DM, Professor of Nephrology, DMC Ludhiana is willing to supply all the documents cited above whenever asked to do so. His contact address is 833/3 Krishna Nagar, Opp. Aarti cinema, Ludhiana. Mobile-9814712988, E-Mail: nskhaira@yahoo.com.

Yours Sincerely. – Ved Parkash Gupta, General Secretary, Punjab Human Rights Committee.

Copies to: Mrs. Sonia Gandhi, President Indian National Congress, New Delhi; Mr. Manmohan Singh, Prime Minister of India, New Delhi; Union Home Minister, New Delhi; Mr. Amrinder Singh, Chief Minister of Punjab, Chandigarh. Punjab Human Rights Commission, Chandigarh; Director General of Punjab Police, Chandigarh; General Secretary, PUCL, New Delhi, 28th May 2004


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