The Kerala High Court on Friday sent a strong message to authorities over a suspected illegal network involving egg donation and surrogacy in Ernakulam. The case came up before a Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha in a habeas corpus petition filed by Art Bank, alleging that some individuals were unlawfully detained.
Case Background
The petitioner Art Bank, represented by its Managing Director Abdul Muthalif asked the Court to ensure that certain detenues were brought before judges and freed if there was no legal justification for their custody. The matter involves online advertisements promising quick money, which allegedly pushed vulnerable people mainly women into reproductive arrangements without proper safeguards.
The Bench noted earlier proceedings on multiple dates, where concerns about illegal activities were already flagged.
Court’s Observations
During the hearing, the Government Pleader handed over a fresh report from the Station House Officer, Kalamassery. The report confirmed a complaint was filed before the Judicial First Class Magistrate, but further investigation was paused “awaiting orders.”
The judges did not buy that reasoning.
“The bench observed, ‘The police need not wait for orders from the Magistrate to investigate unlawful acts, except those specifically pending before it.’”
The Court stressed that luring people into egg donation and surrogacy through online advertisements is not a small issue. It involves human dignity and clear elements of exploitation.
Justice Ramachandran remarked that earlier orders dated 29 September and 17 October had already “prepared the ground” for investigation, meaning there is no excuse for inaction.
The Court appeared particularly disturbed that victims may still be in danger while files move slowly.
Decision
Given the seriousness of the allegations, the Court said a Special Investigation Team (SIT) may now be necessary for a thorough probe.
“We are of the view that a special investigation team should be constituted so that all aspects can be properly considered,” the order stated.
The State Police Chief must issue clear instructions on forming such a team, and the Government Pleader must update the Court at the next hearing on December 10, 2025.
Case Title:- ART Bank v State Police Chief of Kerala and Ors.
Case No:- WP(Crl.) 1035/ 2025
