ISLAMABAD: A magistrate’s court in Rawalpindi recently awarded a seven-year prison sentence and a fine of Rs1 million to Dr Fawad Mumtaz, a key figure in Pakistan’s illegal kidney transplant and organ trade network.
Operating mostly in Punjab for over a decade, Dr Fawad Mumtaz managed to escape justice despite facing numerous legal cases.
His arrest in March 2023 marked a turning point when he was caught red-handed performing an illegal kidney transplant in Taxila.
Dr Fawad Mumtaz first garnered significant media attention in 2020 after he illegally transplanted a kidney for Hira Sharif, the daughter of actor Umar Sharif, in Azad Jammu and Kashmir. Hira passed away due to post-surgery complications, prompting her brother, Jawad Sharif, to file a complaint with the Human Organ Transplant Authority (HOTA).
Decade of Crimes and Escapes
Despite dozens of cases against him over the past 10 years, Dr Fawad Mumtaz continued his illegal business with impunity. He evaded penalty due to legal loopholes and prosecution failures.
Punjab Human Organ Transplant Authority (PHOTA) Deputy Director Adnan Ahmed Bhatti said that the first FIR against Dr Fawad Mumtaz was lodged in February 2017.
“We caught him red-handed in Lahore conducting an illegal transplant on a foreign national. He was jailed for 18 months but later released by the high court on technical grounds, as the prosecution failed to submit the required charges,” Bhatti told the BBC Urdu.
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PHOTA Assistant Director (legal) Mian Muhammad Tariq Batta said that Dr Fawad Mumtaz had 12 FIRs registered against him Lahore, Multan and Rawalpindi. He said that during his first arrest, he was an assistant professor at a private medical college in Lahore and also worked at Lahore General Hospital. After his network was exposed, his medical licence was revoked, and he was dismissed under the PEEDA Act.
Organised Network
Dr Fawad Mumtaz ran an extensive network of agents across various cities, many of whom targeted impoverished brick kiln labourers. These labourers were coerced into selling their kidneys, which Dr Fawad Mumtaz would transplant to patients for fees ranging from Rs4 million to R5 million per kidney.
Authorities said that the recent arrest and sentencing of Dr Fawad Mumtaz signal a significant step in curbing illegal organ trade in Pakistan. However, the decade-long delay in delivering justice underscores systemic challenges in tackling organized medical crimes.
According to the officials, Dr Fawad Mumtaz’s involvement in illegal kidney transplants led to the deaths of nearly 30 patients. Despite being caught multiple times since 2017, he managed to evade justice due to incomplete evidence and procedural delays, they said.
According to Mian Tariq Batta, Dr Fawad frequently secured pre-arrest bail as he was arrested four times between 2017 and 2023 but released due to loopholes in investigations and prosecution. “When he was caught red-handed last year, the police recorded evidence and filed a charge-sheet within 20 days, leading to his eventual conviction,” Batta said.
Raid That Ended Dr Fawad’s Operations
In March 2023, a PHOTA team, alongside Punjab police, arrested Dr Fawad in Taxila during a raid. Muhammad Khan, a police officer involved in the operation, recounted the events saying: “On a tip-off from a local informant who noticed unusual nighttime activity in a rented house, our team monitored the situation and raided the house at 4 am. Dr Fawad was performing the final stage of a kidney transplant when we caught him red-handed. He and his accomplices, including medical staff, were arrested on the spot.”
He said that the patient and the donor were also taken into custody and treated at a hospital in Rawalpindi. Both later were awarded three-year prison sentences for participating in the illegal transplant.
Tactics to Avoid Prosecution
Batta explained that organ trafficking groups often threatened victims to withdraw complaints. “Initially, victims filed complaints after developing complications or when deaths occurred post-surgery. However, they were frequently intimidated into silence. Legal changes now allow PHOTA to file cases independently, reducing the influence of traffickers,” he said.
Adnan Ahmed said that ongoing operations have pushed organ trafficking networks out of urban areas and, in some cases, out of Punjab altogether. “Though complaints have decreased, illegal activities persist. We’ve successfully dismantled major networks, but completely eradicating this crime remains a challenge,” he said.
Batta advocated for these cases to be tried in session courts rather than magistrates’ courts, citing harsher penalties and faster trials in the former. “Magistrates can sentence up to 10 years, whereas session courts can impose longer terms. This shift could deter offenders more effectively,” he said.
Legal Framework for Organ Transplants
Bhatti outlined the legal process for organ transplants, which is regulated across Punjab. “Approximately 50 government and private hospitals are authorised to perform transplants. Patients register their cases, after which a hospital committee interviews the patient and donor and forwards the file to PHOTA. We conduct our interviews to ensure the legality of the donation and issue a permit,” he explained.
The process, Bhatti emphasised, is simple and affordable, with treatments often free in government hospitals. Those violating the law face strict penalties under Sections 9 and 10 of the Human Organ Transplant Act.