A judge who granted bail in an “unusual” manner to a doctor arrested for his alleged involvement in kidney trade was sacked by the Madras High Court, official sources said on Thursday.
Based on a detailed inquiry report submitted by a sitting Judge, a full bench led by Chief Justice Sanjay Kishan Kaul ordered that Additional District Judge, Dharmapuri district, R. Anburaj be compulsorily retired from service. The matter pertains to the arrest of V.M. Ganesan, a nephrologist with Vinayaga Mission Hospital in Salem, and others for their alleged involvement in kidney trade during June 2013. The arrest was based on a specific complaint of A. Kathavarayan of Pennagaram that the doctor and his associates took money for arranging a donor kidney for his father Ayyar.
When the patient died later, they returned only part of his money and threatened him. Besides invoking the provisions under Section 19 of Transplantation of Human Organs Act 1994, the District Crime Branch of the Dharmapuri police had booked the accused on charges of cheating, forgery and criminal intimidation.
After Dr. Ganesan’s bail plea was dismissed by the Judicial Magistrate, Pennagaram, on June 21, 2013 his counsel filed an appeal in the district court in Dharmapuri. The Principal District and Sessions Judge (PDJ) S. Vanangamudy posted the matter for hearing on June 25, 2013 and went on leave for two days. The Additional District Judge Mr. Anburaj who was in-charge as PDJ took up the matter for hearing on June 24, 2013 itself and granted bail to the accused, the sources said.
On allegations of irregularities in granting bail, the Registrar (Vigilance) of the Madras high Court took up the issue for inquiry. It was found that Mr. Anburaj had granted bail by noting that the Public Prosecutor had dropped contention. During the inquiry, the PP G. Asokan gave a statement that he had never dropped contention.
“I expressed my surprise about the unusualness in calling and taking up of bail application which was not mentioned in the cause list of that day or put up for prior intimation. Hence, I sought time and adjournment at least for a day. However, the judge expressed his determined inclination to pass orders on the bail application on that day itself,” the PP said in his statement.
The regular PDJ who returned from leave mentioned that the interim bail granted to the petitioner was not legally sustainable and dismissed it. Dr. Ganesan was arrested again by the Dharmapuri police, the sources added. The kidney racket case hit the headlines in 2013 following the arrest of Dr. Ganesan. The allegation was that the suspects arranged kidneys from poor people living in Pallipalayam, Rasipuram, Dharmapuri, Sangakiri, Erode and Kumarayapalayam areas. They had also organised revenue certificates that the donor was related to the patient which is a formal requirement for kidney transplant.
