SHC seeks details from Sindh health secretary, police chief on reports of HIV outbreak at Karachi hospital

KARACHI: The Sindh High Court (SHC) sought on Thursday a detailed report from the provincial health secretary and police chief after a citizen filed a petition, citing reports of an HIV outbreak allegedly resulting from the reuse of contaminated syringes and medical negligence at a Karachi hospital.

The petition, filed by Tariq Mansoor, was taken up by a two-member SHC bench comprising Justice Adnanul Karim Memon and Justice Adnan Iqbal Chaudhry.

In its written order, seen by Dawn, the bench noted that the plea arose from “the reported HIV outbreak at Kulsum Bai Valika SESSI Hospital, SITE, Karachi, allegedly caused by the reuse of contaminated syringes and gross medical negligence, resulting in the infection of approximately 84 to over 200 children, with several reported fatalities”.

The order noted that the medical facility was a “public hospital functioning under the Sindh Employees Social Security Institution (SESSI) and was “responsible for providing medical facilities to insured workers and their dependents”.

“The hospital caters to a large number of patients daily and owes a statutory duty to provide safe and adequate medical treatment,” the SHC bench stressed.

The petitioner contended that “despite repeated reports in the national media regarding the HIV outbreak, no transparent, independent or time-bound inquiry has been conducted to fix responsibility upon the officials and medical staff allegedly involved”, according to the order.

It added that the petitioner had served a “legal notice upon the concerned authorities demanding an independent inquiry, registration of criminal proceedings, disclosure of the inquiry report, screening and treatment of affected children, and compensation to the victims”.

However, “no effective action has been taken except for a communication” by the provincial secretary of the Labour and Human Resources Department that sought a report from SESSI.

The order said the petitioner had informed the court that a “preliminary list of the children allegedly affected by HIV due to the reported reuse of contaminated syringes” at Kalsum Bai Valika SESSI Hospital had been placed on record along with their particulars.

The petitioner claimed that the actual number of affected children was reported to exceed 200.

He contended that the seriousness of reusing contaminated syringes also got international attention, including a BBC report about a government hospital in Punjab’s Taunsa.

During the hearing, a Sindh assistant advocate general sought further time to “file comments”. Therefore, two weeks were granted.

The hearing was adjourned till 11:30am on July 20.

The petition was filed in the nature of Public Interest Litigation for the enforcement of fundamental rights provided under Articles 4, 9, 10-A, 14, 19-4, 25, 37 and 38 of the Constitution.

The petitioner contended that the alleged reuse of disposable syringes constituted a “blatant violation of the Sindh Regulation and Control of Disposable Syringes Act 2010, besides amounting to criminal negligence punishable under the Pakistan Penal Code” (PPC).

“The continued failure of the respondents to enforce the statutory provisions regulating disposable syringes has endangered public health and violated the constitutional guarantee of the right to life and human dignity,” the order quoted the petitioner as saying.

“It is contended that the respondents have failed to discharge their statutory and constitutional obligations by not conducting an independent inquiry, not registering criminal cases against those responsible, not ensuring comprehensive screening and treatment of affected patients, and not framing the rules contemplated under” the 2010 Act, the order added.

The petitioner requested the court to conduct an independent and transparent inquiry, register criminal proceedings against all responsible persons, and ensure lifelong medical treatment and appropriate compensation for the affected children.

He also urged the court to ensure the provisions of the 2010 Sindh Regulation and Control of Disposable Syringes Act throughout the province and frame the requisite rules under the Act.

More to follow ...