The Kerala High Court was informed by the State Government that the Director of Medical Education (DME) is taking steps to file a complaint before the Judicial Magistrate Court, Kozhikode, against persons responsible for the alleged kidney sale racket in the tribal belt of Idukki district, on the basis of an inquiry conducted by the Deputy Superintendent of Police, Thodupuzha.

The Additional Secretary, Health and Family Welfare Department, in his counter affidavit, in response to a writ petition seeking a CBI probe into the kidney racket, pointed out that when reports about the alleged kidney trade in the tribal belt of Idukki came to the notice of the Government, the Chief Minister, A.K. Antony, had directed the police to conduct an inquiry, the report of which had been submitted to the Government. The report had been forwarded to the appropriate authority for his remarks.

The state government was seized of the matter and the administrative and police machinery were well equipped to investigate and reveal the roots of the scandalous affair. Therefore, the allegation of inaction on the part of the Government was baseless. The Government was transparent in taking stern action against persons responsible for violation under the provisions of the Transplantation of Human Organ Act, 1994.

The affidavit stated that if trading in human organs had actually taken place, it was illegal and punishable under the provisions of the Act. But "genuine kidney transplantation surgery should not be scared into discontinuance to the extreme hardship of bona fide patients.''

The Tribal Department had also conducted an inquiry as early as in July 2002 and the Government was examining the report submitted by it. As for the allegation that the Authorisation Committee had not been discharging its duties properly, the affidavit said the committee had been performing it fully, observing all the requirements envisaged under the Act.