PUBLIC INTEREST LITIGATION ON KIDNEY RACKET

From: Dr. Leo Rebello

To: Bombay High Court

Sent: Friday, February 08, 2008 1:48 PM

Subject: Public interest litigation on Kidney Racket

Ms Adeline Rodrigues
Prothonotary and Senior Master, Original Side
Bombay High Court, 1st floor,Fort,
Mumbai 32.

Dear Adeline :

I would like to know what is the progress on the following PIL that was sent to the CJ, RG, to you and the Respondents. This petition was drafted by me, before I left forUSA and Mexico, after studying Joseph's copious correspondence with various authorities overlast one decade, after we realised that all of them were hand in glove in protecting each othersince the charge was serious.

You will note that everything that we have said in the Petition has now come to true.Human organ transplant is a big racket and everyone is involved in it. Therefore, the last bastionof civil society, namely the High Court must intervene in this immediately.

The present CJ is in the news almost daily for being firm to enforce the law.

Please therefore bring this to his personal attention. This PIL is also within the ambit of the recent PIL guidelines issued by the SCI. Hence, this should be immediately taken up in the name of justice. Thanks for your cooperation and with best wishes,

Leo

======================================================================

Dr. Leo Rebello, Pro Bono Publico
And as President of Litigants Welfare Association
As President of All India Letter-Writers Association
As Honorary Adviser of Justice Corps
Address : 28/552 Samata Nagar, Kandivali East, Mumbai 400101.
Tel. 28872741.
Mobile : 9869828619.
Email : prof.leorebello@gmail.com / leorebello@hathway.com
Websites : http://www.healthwisdom.org/ / http://ailwa.tripod.com/ / http://www.justicecorps.wordpress.com/


IN THE HIGH COURT AT BOMBAY

CRIMINAL WRIT PETITION

PIL No. of 2007

FOR SUO MOTU CONSIDERATIONTO RIGHT THE GRAVE WRONG

Mr. Joseph Fernandes .. The Petitioner in Person

Aided in public interest, gratis, by Dr. Leo Rebello

V/s

KEM Hospital, Mumbai – 12
Bhoiwada Police Station
Mumbai'sPolice Commissioner
State of Maharashtra ... Respondents


SYNOPSIS


This is a PIL for damages to help lakhs of poor patients whose kidneys and other organs are removed clandestinely by the organ thieves in Govt., Municipal and other Hospitals, and launching a Public Trust for such helpless victims of organs theft. As an example the death of Petitioner’s wife is cited, which can be proved if pursued properly. This petition of an indigent, senior citizen may be turned into Suo Motu Writ Petition.

THE PETITIONER ABOVE-NAMED HEREBY RECORDS AND APPEALS TO THE HON'BLE THE CHIEF JUSTICE AND OTHER JUDGES OF THE BOMBAY HIGH COURT, FOR AN URGENT INTERVENTION

1.. The Petitioner, Mr. Joseph Fernandes, age 69, resident of 162-1, Orlem, Malad (W), Mumbai-64 is a friend of society, founder of Litigants Welfare Forum (Dr. Leo Rebello is now its President) and a law-abiding citizen.

2.. The Petitioner's wife was killed by the KEM doctors, suspected to be involved in the Organ theft racket, which is a very well-organised racket in which doctors, rich people, corrupt police and even some advocates, social workers, journalists, bureaucrats and politicians are involved and consequently difficult to crack, but not impossible if there is a will on the part of all those who are bound to protect the law.

3.. On 15-8-1997 a complaint was made to the Police Commissioner regarding death of Petitioner's wife to investigate and seal the records from KEM hospital. Till this day nothing has been done, inspite of several complaints in last more than 10 years.

4.. Principal Judge A. S. Aguiar of City Civil and Sessions Court, Mumbai, on 11th February 1998, vide no. 3227 of 1998, directed the Police Commissioner of Mumbai to investigate into the death of Mrs. Ancy J. Fernandes. Till date nothing has been done. This shows how the corrupt Police disregard even the Courts.

5.. For over a decade, inspite of regular follow up at various levels, no FIR is registered. If the FIR is recorded and proper investigations are carried out, the entire gang working "chori-chupke" with the help of private nursing homes owned by the Honoraries working in the Govt. and Municipal Hospitals, and gang of mercenary agents, social workers, pimps, police and politicians, will be exposed.

6.. The Petitioner reported the above criminal modus operandi of the JJ and KEM hospital doctors vide his letter dated 15-12-1995. Earlier instead of investigating the matter, corrupt police implicated the Petitioner in false cases, which were later thrown out by the court. Two years later the petitioner's wife died in suspicious circumstances at the KEM. If the Police had acted, this untimely death could have been averted. This devious racket is getting worse by the day since Courts do not take the white coat criminals or police to task.

7.. Vide letter of 12-9-1997 the Petitioner asked the Dean of KEM to supply medical and post mortem report as per the judgment of the Bombay High Court of 11-9-1996. Tampered medical papers and manipulated post mortem report was given after 5 1/2 months, after much harassment and because legal notices were served.

8.. Recently, the Crime Branch of the Mumbai Police have arrested some kingpin in this Organ theft racket. But this is just a tip of an iceberg. It is about time, this human organ theft, which is growing menacingly, is put an end to, through a Court fiat, once and for all.

9.. Since the Hon’ble Judges of the High Courts have full jurisdiction to issue various Writs when fundamental rights of citizens are affected, this brief application is made in full confidence and with utmost good faith. If this request is acceded, the petitioner feels that Justice will at last be done NOT only to the petitioner who lost his wife, but also to thousands of other poor persons who are taken like goats to the slaughter houses by the butchers called kidney, liver, lungs, heart specialists, aided and abetted by agents, ward boys, nurses, advocates, police, politicians, etc.

10.. This petition is deliberately kept brief for quick understanding of the issues involved. As and when required, necessary documents will be produced to the Court or Court designated authorities or Court appointed Commission to investigate into this massive racket.

11.. This is the petition of an indigent, senior citizen who has suffered for long. Hence, this petition may be turned into suo motu writ petition for swift redressal. Dr. Leo Rebello, eminent medico-social worker, has agreed to represent the petitioner, pro bono publico and gratis. The Hon'ble Court may appoint an amicus curiae, to help it, this being an important matter.

12.. Copies have been served on the Respondents to save the Court's precious time.

PRAYERS

(a) It is prayed, that the Hon'ble Chief Justice may direct the Registrar General to number this Petition and list it for priority hearing.

(b) The Court may direct the Bhoiwada police to file FIR against the KEM doctors, in the suspicious death of Mrs. Ancy J. Fernandes, on 9-8-1997, due to removal of a kidney.

(c) Club this case with the present Organs theft case being investigated by the Crime Branch so that the KEM and JJ doctors involved in this racket are arrested and the gang operating in the government and municipal hospitals in cahoot with private hospitals, is busted once and for all.

(d) Time bound, Commission of Enquiry should be appointed, which will report to the CJ and accordingly the CJ may appoint a Bench of conscientious and sharp judges to dispose of this omnibus PIL.

(e) Adequate compensation to the Petitioner and his family for this untimely loss of his wife and mother of his children, due to culpable homicide, reputation, defamation and suffering of his family members.

(f) Formation of a National Foundation to help poor victims of organ thefts. This proposed Foundation consisting of eminent persons will educate, protect, rehabilitate, help those who have suffered or died due to this heinous act from the compensation granted by this Hon'ble High Court and funds generated from various philanthropic persons and institutions, social welfare board, international funding agencies, etc.

VERIFICATION

Verified and solemnly affirmed by Joseph Fernandes, resident of 162-1, Orlem, Malad (W), Mumbai-64 on this 14th day of December 2007, that whatever stated here-in- above briefly, is true and correct, and submitted for kind consideration of the Chief Justice and other Judges of the Hon'ble Bombay High Court as a suo moto writ petition in public interest.

Joseph Fernandes162/1 Orlem, Malad (W) Mumbai – 400064, India
Petitioner-in-Person
Rely on exhibits.

THE SORRY STATE OF AFFAIRS AT THE BAR COUNCIL

From: Dr. Leo Rebello
To: P. H. Parekh
Cc: Amar Ranu
Sent: Tuesday, October 16, 2007 3:34 PM
Subject: Re: Reply

Thank you Mr. Parekh for clarifying that you are the President of the Supreme Court Bar Association and NOT of Bar Council of India.

From your position, I suppose you can do a lot to improve the functioning of the Bar Council of India, which is almost dead and also Supreme Court of India, which is becoming Sorry Court of India with more and more arbitrary decisions.

Veteran journalist Amar Ranu wrote to me replying to "SORRY STATE OF AFFAIRS AT THE BAR COUNCIL" as under : "All Bar Councils whether State or Bar Council of India are protection rackets for shielding unethical advocates.
If you are expecting justice from such protection rackets, then you must be wasting precious time, energy and money".

The fact that you have changed the subject line from SORRY STATE OF AFFAIRS AT THE BAR COUNCIL to Reply (reply to what?) and deleted the complaint against Bar Council of India and corrupt Advocate KKV Kurup, it proves what Amar Ranu saying is absolutely correct. Likewise, you have not offered the information as to who is the President of Bar Council of India, what is his email address, etc. proves that you are not very keen in helping to set right things. Sorry state of affairs indeed.

Best wishes
Dr. Leo Rebello

-----

From: P. H. Parekh
To: prof.leorebello@gmail.com
Sent: Tuesday, October 16, 2007 12:24 AM
Subject: Reply

Dear Dr. Leo
I received your e-mail dated 14th October 2007.
I am not President of Bar Council of India.
I am the President of Supreme Court Bar Association.
Hence I will not be able to give you any details
of the proceeding before Bar Council of India.

With best regards,
P H Parekh

-----

AND REPRODUCED BELOW IS THE LETTER WHICH I HAD WRITTEN TO MR. P.H.PAREKH, PRESIDENT, SUPREME COURT BAR ASSOCIATION.

From: President Elections 2007
To: phparekh@phparekh.com
Cc: Bar Council of India ; Supreme Court Bar Association ; NALSA ; NHRC
Sent: Saturday, October 13, 2007 6:25 PM
Subject: SORRY STATE OF AFFAIRS AT THE BAR COUNCIL

President:
P H Parekh
M/s P H Parekh & Co.
"Parekh Chambers"
30 School Lane
Bengali Market
New Delhi
[O] 011 23311553 [F] 011 23311951
143 Lawyers Chambers
Supreme Court of India
New Delhi
110001
[O] 011 23382111 [F] 011 23384538
phparekh@phparekh.com


DEAR ADV. PAREKH :
I DO NOT KNOW WHETHER YOU ARE THE PRESIDENT OF THE BAR COUNCIL OF INDIA OR PRESIDENT OF SUPREME COURT BAR ASSOCIATION.
FROM ANY OF THESE TWO RESPONSIBLE POSITIONS, WE BELIEVE YOU DO SOMETHING TO MAKE BAR COUNCIL OF INDIA WORK, OR WIND UP.

BEST WISHES
DR. LEO REBELLO


Adv. Kurup did not attend in two cases against him and he was fined Rs.1000 and Rs.500 respectively. But till today, neither the minutes of 20th May 2006 nor the fine amount has been received. Nor another date has been fixed to hear this important case. This goes to show how
the Bar Council of India, a professional organisations of black coatwallas works. Same is the situation in the Medical Council of India. They too do not take prompt action against their colleagues. The important question then is should these organisations be wound up or not.

-----

From: Dr. Leo Rebello
To: Bar Council of India
Sent: Tuesday, April 25, 2006 10:49 PM
Subject: FOR THE ATTENTION OF DC OF BCI -- SEND COPY OF ISSUES FRAMED ON 10 JULY 2003 IN BCI TR CASE NO.113/2004

Bombay, 25 April, 2006.
By Email and Registered Post being important

Asst. Registrar, D.C.
Bar Council of India
21 Rouse Avenue Institutional Area
New Delhi 110002


FOR THE ATTENTION OF REGISTRAR, DC OF BCI
PLEASE SEND COPY OF ISSUES FRAMED ON 10 JULY 2003
IN BCI TR CASE NO.113/2004

Mrs. Agnes Patole .. Complainant
V/s
Mr. KKV Kurup .. Respondent


Recd your letter (no.DCLD 1331) dated 18th April, 2006 today notifying that the above case is posted for evidence and for further proceedings on 20th May and if required on 21st May, at the Bar Council Office in Mumbai.

Mrs. Agnes Patole, accompanied by the undersigned, will be present on 20th and / or 21st May.

However, you have NOT sent a copy of the issues framed on 10.7.2003, which you had deliberately or otherwise had not sent vide your letter no.DCLD 2882 of 7.6.2005. And eventhough you were notified of the lapse, once again you have failed to send the same.

Please therefore atonce send the copy of issues framed on 10.7.2003.


Dr. Leo Rebello
for Mrs. Agnes Patole


-----

From: Dr. Leo Rebello
To: Bar Council of India
Sent: Saturday, December 30, 2006 1:04 AM
Subject: SORRY STATE OF AFFAIRS AT THE BAR COUNCIL



To The Registrar, Bar Council of India

BCI Tr Case no.113/2004
Mrs. Agnes Patole
v/s
Adv. KKV Kurup


Dear Sir :

This is a complaint against the functioning of the Disciplinary Committee of the Bar Council of India.

In this regard please see my email 10th December, hard copy posted by Regd AD (vide RLAD A-3147) on 13/12/06, AD slip has not been received till date. I have complained in the said letter that the Copy of the Order passed by the BCI against corrupt Advocate KKV Kurup on 20th May 2006 has NOT been received nor the fine imposed on him recovered.

This morning I received a letter by Registered Post, marked DCLD no.5090 notifying Mrs. Agnes Patole (the undersigned is representing her) that the above case has been posted on 27th January 2007 for framing of issues and charges, and for further proceedings.

May it be noted that Issues (in the above case) were framed by the State Bar Council of Maharashtra and Goa on 10.07.2003, copy of which was sent to us in May 2006 (after 3 years) after our reminders to that effect.

These incidences go to prove that the functioning of the Bar Council of India itself is not proper.
Mrs. Agnes Patole, the Complainant, a known cancer patient, who was thrown out of her apartment, due to the serious lapses/deliberate mischief/deficiency in service on the part the Respondent Advocate KKV Kurup, is sinking in Health. Recently she was operated for the 6th time. If she dies before the decision comes in this case, it will once again prove old adage "Justice delayed, justice denied", because of BCI's inefficient functioning.

Gentlemen, you need to gear up in 2007.
Dr. Leo Rebello