Kerala High Court Bail Kidney Trade Case Crime Against Humanity

The Kerala High Court recently denied bail to a medical tourism company operator accused of facilitating illegal organ transplantation by forging government doctors’ certificates, observing that “organ trafficking is a serious crime against humanity and society at large”. The court also pointed out that illegal trading corrupts healthcare professionals and institutions, making the public “sceptical” of legitimate, lifesaving, altruistic organ donation programmes.

Justice Kauser Edappagath, while denying bail, said that illegal organ trafficking “exploits” vulnerable populations, fuels transnational crime networks, and undermines public trust in legitimate medical systems.

“Organ trafficking is a serious crime against humanity and society at large. Driven by a severe shortage of legal donor organs, impoverished and marginalised individuals are frequently coerced or tricked into selling body parts for minimal financial gain, only to shoulder long-term physical health complications without proper medical aftercare,” the August 11 order read.

The 53-year-old man, one Muhammed Najeeb Kallatra, as per the prosecution, was allegedly conducting Kallatharas Medical Tourism Pvt Ltd with the intention of making unlawful profit through illegal organ trade, and with the knowledge of the other accused, forged certificates on the letterheads of doctors of district hospitals and affixed forged seals and signatures on those certificates.

It was further claimed that on October 8, 2025, the kidney of one of the accused was donated to a person at a hospital. The prosecution added that the man has committed the offence of organ trafficking in the name of a tourism company.

Kallatra, however, claimed that he was only arranging accommodation, transportation and post-mortem care for patients undergoing treatment at hospitals in Ernakulam, and he has no connection with the alleged illegal organ transplantation and forgery. The man was arrested and sent to judicial custody on May 8.

Representing the man, advocate Shiraz Abdullah M S submitted that his client is innocent and has been falsely implicated in the present case. It was further submitted that no material is placed on record to connect the man with the alleged crime and is not entitled to bail. On the other hand, the Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the man, and he is not entitled to bail at this stage.

The court noted that the investigation conducted so far has revealed that Kallatra, with the knowledge and active participation of the other accused, forged medical certificates on the letterheads of government medical officers by fabricating their official seals and forging their signatures, and utilised the said forged documents for facilitating illegal organ transplantation.

“The investigation further revealed that on October 8, 2025, the kidney of the accused number two was transplanted to one Mr Musthafa at Lakeshore Hospital, Ernakulam, by using the aforesaid forged documents,” it added.

The court further referred to the statement of the donor’s husband, who allegedly stated that Kallatra had told him that Musthafa urgently needed an O+ kidney and that Rs 10 lakh would be paid for the donation. He stated that Rs 9 lakh was handed over to him, excluding the amount spent on paperwork.

The court denied bail to the man, pointing out that the man has criminal antecedents and was involved in several similar offences as well as in various other criminal cases.

“The investigation is in progress to identify the remaining conspirators, the middlemen, facilitators, financial beneficiaries, hospitals, and other persons involved in the organised illegal human trafficking network, and to ascertain the inter-state ramifications of the criminal conspiracy,” the court added.

Richa Sahay is a Legal Correspondent for The Indian Express (Digital), where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More