The judges observed that while there was initially a demand for a CBI probe, the high court had, after considering all aspects, opted instead to form an SIT.
Published Oct 10, 2025 | 12:37 PM ⚊ Updated Oct 10, 2025 | 12:37 PM
Supreme Court of India. (iStock)
Synopsis: The Supreme Court disposed of the Tamil Nadu government’s appeal against the Madras High Court (Madurai Bench) order that had constituted a Special Investigation Team to probe the alleged kidney trafficking racket in the state.
The Supreme Court on Friday, 10 October, disposed of the Tamil Nadu government’s appeal against the Madras High Court (Madurai Bench) order that had constituted a Special Investigation Team (SIT) led by the Southern Zone police to probe the alleged kidney trafficking racket in the state.
The case was heard by a bench headed by Justice JK Maheshwari. During the hearing, the Tamil Nadu government stated that it had no objection to the formation of an SIT to probe the case. However, it expressed concern over the selection process of the officers.
The state government pointed out that the Registrar of the High Court had indicated that the court itself would choose the members of the SIT, which, according to the government, could create administrative complications.
It further argued that the officers selected by the high court were from districts spread across 140 to 250 kilometres apart, making coordination and investigation logistics difficult.
The government, therefore, requested permission to recommend ten officers from nearby districts with proven track records, from which the High Court could then select the SIT members.
The apex court bench questioned why the Tamil Nadu government had been filing repeated appeals in matters arising from the Madras High Court. The judges observed that in this particular case, while there was initially a demand for a CBI probe, the high court had, after considering all aspects, opted instead to form an SIT.
The Supreme Court also rejected the state’s proposal to select officers from nearby districts, stating that such a request would not be entertained.
The bench declined to interfere with the Madras High Court’s order and refused to reconstitute the SIT. At the same time, the Supreme Court directed that the adverse remarks made by the Madras High Court against Tamil Nadu Police officials be expunged.
The case originated from a petition filed by Sathiswaran, a resident of Paramakudi, who approached the Madras High Court (Madurai Bench) in August seeking a transfer of the Namakkal kidney sale case to the CBI. The petition was heard by a bench of Justices SM. Subramaniam and Arul Murugan.
During the hearing, the judges expressed dissatisfaction with the state government and the police’s handling of the issue.
The court then directed the formation of a Special Investigation Team (SIT) comprising Inspector General of Police (South Zone) Prem Anand Sinha, Superintendents of Police NS Nisha (Nilgiris), N Silambarasan (Tirunelveli), K Karthikeyan (Coimbatore) and BK Arvind (Madurai).
The high court ordered the SIT to register a case, investigate the matter, and submit a report to the court. The next hearing was scheduled for September 24.
However, while the Tamil Nadu government said it had no objection to the formation of an SIT, it insisted that it should be allowed to recommend the officers for inclusion in the team. This led to the appeal before the Supreme Court, which has now been closed following the above directions.
(Edited by Muhammed Fazil.)
