The CBI on Tuesday said the application moved by Dr Upinder Kumar,the prime accused in the multi-crore kidney racket,was not maintainable and should be dismissed.
The application moved by Upinder in which he had sought trial against 31 persons who had allegedly received kidneys or had arranged the same against payment is not maintainable, said the CBI. The agency also said that the two main accused in the kidney racket,Dr Amit Kumar and Dr Upinder Kumar,had told the recipients of kidneys that kidney donation was legal in Haryana.
On March 6,Upinder had moved the application in the CBI court,saying all the 31 persons should be summoned and tried under the Transplantation of Human Organ Act,1994,as well as other provisions of the law along with other 11 persons who had been chargesheeted by the CBI for running the racket.
The court will consider the application filed by the CBI on Wednesday.
Meanwhile,another witness in the case,Rohtash,a lab assistant,turned hostile during the cross-examination in the court. He is the second witness to turn hostile. On March 21,Khalid Kamal,a native of Bareili of Uttar Pradesh,had turned hostile in the case after he claimed that he was beaten to give a statement against the accused in the case. Kamal worked as a dialysis technician in Delhi for four years from 1997.
The kidney racket had surfaced in 2008 when police forces of Uttar Pradesh and Gurgaon raided a house in Sector 22,Gurgaon,and found that Dr Amit,the main accused,lured unsuspecting people to a hospital in Gurgaon and other places,where their kidneys were removed and sold at higher prices to patients. The CBI in its chargesheet had alleged that many persons were lured for donating their kidneys and paid between Rs 50,000 and Rs 70,000. These kidneys were allegedly sold for Rs 8 to 10 lakh each. Dr Amit was arrested from Nepal in 2008.