From:
INDIA
Subject : KIDNEY
ROBBERY IN SATHYA SAI BABA’S SUPER SPECIALITY HOSPITAL
12th April 1997
Concerns
the SSH and Mr Balaji (son of Mr Trimakababa Rao) who donated one of his kidneys
for his father. After transplant surgery, the transplanted kidney was declared
non-functional, due to vascular occulation.
Balaji’s
sister then offered one of her kidneys. In the meantime Trimakababa needed
dialysis for which Balaji had to pledge their land and assets to the bank, plus
take loans from friends.
Then
Balaji heard news of a kidney racket in Bangalore, and began to wonder if his
father was victim. He took his father home to Latur and a sonograhpy was done on
5/8/95. The transplanted kidney was not visualised, and a subsequent CT Scan of
the abdomen done on 7/8/95 had similar finding.
Both
scans reported that only the patient”s own diseased kidneys were visualised.
After his father”s death Balaji lodged a complaint with Latur police, who
exhumed the body and carried out an autopsy which revealed that no transplant
had taken place.
From
NewZealand:
Website:http://messages.clubs.yahoo.com/.../bbs?action=m&tid=sathyasaibaba&sid=12173549&mid=194
Subject : SAI INSTITUTE DOCTORS - COURT
ACTION NEWS Deccan
Chronicle 5/11/99
Hydrabad
Nov 4, 1999 : Justice G Raghu Ram of the Andhra Pradesh High Court on Thursday
admitted a writ petition seeking initiation of criminal prosecution against the
doctors of Sri Sathya Sai Institute of Higher Medical Sciences, Puttaparthi in
Anantapur district, alleging malpractices regarding the transplantation of a
kidney.
The
Writ petition has been filed by Balaji Triambak Rao Karavande, who has alleged
that the doctors of the institute removed a kidney from his body and did not
transplant the same to his father. He informed the court that after this
revelation, he lodged a complaint with the Latur (Maharashtra) police, who in
time, exhumed his father”s body and conducted a postmortem, which confirmed
that no kidney transplant had taken place.
He alleged that the police at Puttaparthi did not register the complaint and he
was thrown out of the hospital when he confronted the doctors with the relevant
documents.
WRIT
PETITION AS PUBLISHED IN THE INDIAN SKEPTIC
Vol.13 No. 2 June 15, 2000
W.P.No. 22799 of 1999
Between:
Balaji
Trimabakrao Kalvande
Petitioner
And
Sri
Satya Sai Institute of
Higher Medical Sciences, Prasantha Gram,
Putta
Parthy, Ananthapur Dist., Rep., by Its. Superintendent, and others.
...............................
Respondents
I
Balaji Trimbakrao Karvande, S/o. Trimbak Babarao Karvande aged about 25 Occ. R/o.
Bathkheda, Batha11gli Post, Latur, Maharashtra, having temporarily come down to
Hyderabad, do here by solemnly and sincerely affirm and state on oath as
fol1ows:
1.
I am the petitioner herein and as such wel1 acquainted with the facts of the
case.
2.
I submit that in this Writ Petition I am seeking a direction from this Honorable
Court against the Respondent to register a Criminal case against Respondent No.1
for cheating me, my late father in removing my kidney and not transplanting on
my father and misused it for their own purpose.
3. I submit that I am a resident or Bathkhade vil1age in Maharashtra State I heard that the Respondent No.1 is lending medical services with care al1 over the country having experienced and expert doctors at its command I have decided to take my father for treatment at Respondent No.1 institute. My father was suffering Renal Problem, the doctors whom I consulted were of the opinion that only a kidney transplantation would give him a new lease of life. I took my father to Respondent No.1 hospital. The doctors at Respondent No.1 Institute confirmed the earlier medical opinion by me and informed us that if we could procure a donor who is prepared to donate his kidney then the transplantation could be performed on my father and save him. Instead of searching for a donor I myself prepared, out of my own volition to donate my kidney to my father so as to give him long life. I was admitted in the Respondent No.1 Hospital on 24.5.1994 after carrying out the necessary tests. My left kidney was removed on 16. 6.l994 and my father was operated on the same day and we were told that my kidney had been transplanted on the right side of my father. On 21.7.1994 my father was discharged from the Hospital and was informed that the transplanted kidney did not function and was taken up for dialysis till 7.1.1995 as an out patient my mother and sister were also tested but because of persistent cross match positivity my father could not be taken for retransplantation. There was no tangible improvement in my fathers healing.
3.
I submit that in the month of June 1995 I read in the news papers that there was
a rampant business of sale of vital human organs including kidneys. Since my
father's condition showed no improvement. I got suspicion about the al1eged
transplantation of kid11ey on my father at Res. No.1 institute. When contacted
some of the doctors also raised the same suspicion.
4.
I submit that to clear of the said suspicion I took my father for tests.
On 5.8.1995 test of abdominal so11ography was conducted on my father at
Maharashtra Institute of Medical
Sciences (Medical College and Hospital) at Latur on 7.8.1995 the C. T. Scan of
abdomen and pelvis was conducted at Vivekananda hospital at Latur, both the
reports of the above said tests revealed that the transplanted kidney was not
visualised we were stunned and shattered. On 9.12.1995 my father expelled. On
14.12.1995 I made a complaint to the police P. s. Gramin and upon the basis of
my complaint the police exhumed the corpse of my father and conducted post
mortem examination, photographs were taken on the dead body of my father by the
police and the postmortem report revealed that no kidney transplantation took
place on my father. This also corroborates the two tests conducted on my father
when he was alive.
5.
I submit that upon confirmation that no kidney transplantation took place on my
father, I went to Respondent No.1 institute and met the doctors who conducted
removed kidney from me and treated my father, to my utter consternation I
was physically lifted by the security guards posted at the hospital and was
chased away out of the premises. I there after approached Respondent No.2 and
then I narrated an the happenings to them. I was informed by the police that
since the I.G. of Police, the Chief Minister and Various other important
dignitaries are intimately connected with the Respondent No.1 hospital, it would
be safer for me to leave the place at the earliest.
6.
I submit that I went home and lodged a complaint before Respondent No.3 on
4.8.1997. I also sent a complaint to Respondent No.2 on the same day by regd.
Post, so far no action is taken on my complaint.
7.
I submit that with fond hope of saving my ailing father and extend his life I
donated my kidney to the purpose of transplantation on him. I had to raise huge
amolU1ts of loan to the pU1pose of treatment and meeting an medical expenses.
The doctors working at Respondent No.1 institute cheating me and my father,
al1 the tests, the death of my father and post mortem examination reveals that
no transplantation of kidney took place on my father at Respondent No.1
institute. My apprehension came true that there is a big racket of sale of
kidneys and Respondent No.1 Institute is no exception. The manner in which I was
chased away by the doctors and security guards at Respondent No.1 institute and
the refusal of the police to register a crime confirm that my kidney was not
used on my father.
The
action of the doctors working at Respondent No.l1nstitute is pU1rishable lU1der
law: Since the Respondent No. 1 is ha"\ring great and vide connections, no
action is being initiated upon my complaint. I waited that justice would be
done to me but my hopes are shattered and I have no other option except approach
this
Honorable
Court for justice and relief. The failure on the part of the doctors to
transplant kidney on my father is illegal and punishable lU1der IPC and A.P.
Transplantation Human Organs Act 1995. It is also unethical and amolU1ts
professional misconduct which attract penal consequences.
8.
It is respectful1y submit that the petitioner has no other alternative or
efficacious remedy except to invoke the extraordinary jurisdiction of this
Honorable Court Under Article 226 of the Constitution of India.
9.
It is submitted that the petitioner has not files any other suit or
proceedings before any court or authority seeking the relief, sought for in the
present writ petition.
Under
the above said circumstances it is prayed that this
Honorable Court may be pleased to issue Writ, order or direction more
particularly one ill the nature of Writ of Mandamus directing the Respondents
No.2 & 4 to register a crime relating to the removal of kidney of the
petitioner at the Respondent No. l institute and to the resultant death of
father of the petitioner and investigate and initiate appropriate action against
al1 concerned persons, award a compensation of 20 lakhs and pass such other
order or orders as this Honorable Court may deem fit and proper in the
circumstances of the case and in the interest of Justice. It is further prayed
that this Honorable Court may be pleased to direct the Respondent No.2 to issue
F.I.R. basing upon the complaint dated 4.8.1997 sent by the petitioner to them
and proceed with investigation forthwith and pass such other order or orders as
this Honorable Court may deem fit and proper in the circumstances of the case.
Sworn
and signed before me on this
the
day of October, 1999 at Hyderabad.
Deponent
Advocate/Hyderabad
(Under
Section 151 of CPC)
IN
THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: AT HYDERABAD
W.P.M.P. No.
of
1999
In
WP.
No.
Of
1999
Between:
Balaji
Tri1nbakrao Karvande, S/o. Trimbak Babarao Karvande, R/o. Bathkheda, Post
Batllang1i, Latur, Maharashtra State….Petitioner.
And
1.
Sri Satya Sai Institute of Higher Medical Sciences
Prasanth
Gram, Puttaparthy, Ananthapur Dist. Rep. By its. Superintendent.
2.
Station House Officer, Puttaparthy Po1ice Station,
3.
Station House Officer, Gralnin Latur Police Station,
4.
The Director General of Po1ice, Government of A.P. Hyderabad.
.................................Respondents.
For
the reasons stated in the accompanying affidavit in support of the Writ petition
it is prayed that this Honorable Court may be pleased to direct the Respondent
No.2 to issue F.I.R. basing upon the complaint dated 4.8.1997 sent by the
petitioner to them and proceed with investigation forthwith and pass such other
order or orders as this Honorable Court may deem fit and proper in the
circumstances of the case.
Hyderabad,
Dt.
Counsel for
the Petitioner
MEMORANDUM
OF WRIT PETITION
(Under
Articles 226 of Constitution of lndia)
IN
THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERAB
W.P.No.
of l999
Between
Balaji
Trimbakrao Ka1Vande,
S/o, Trimbak Babarao Ka1Vande,
R/o.
Bathkheda, Post Bathangli,
Latur,
Maharashtra State.
……………Petition
And
Sri
Satya Sai Institute of Higher Medical Sciences,
Prasantha Gram, Puttaparthy, Ananthapur Dist. Rep. By its
Superintendent.
Station
House Officer, Puttaparthy Police Station,
Ananthapur
Dist. AP.
Station
House Officer, Gramn1 Latur Police Station,
Maharashtra
State.
Director
General of Police, Goveilllnent of A.P.
Hyderabad.
That
the address of the petitioner for the purpose of serviice of summons, notices
and processes is that of his counsel J. SATYA PRASAD, Advocate at 1-10-24,
Ashoknagar, Hyderabad, A.P.
For
the reasons stated in the accompanying affidavit it is prayed that this
Honorable Court may be pleased to issue Writ, Order or directiol1 more
particularly one in the nature of Writ of Mandamus directing the Respondents
No.2 & 4 to register a crime relating to the removal of kidney of the
Petitioner at the Respondent No.1 institute and to the resultant death of the
father of the Petitioner and investigate and initiate appropriate action against
all concerned persons, award a compensation of 20 lakhs and pass such other
order or orders as this Honorable Court may deem fit and proper in the
circumstances of the case and in the interest of Justice.
Dt.
Counsel
for the Petitioner.