In August 2011, 23 thallasemic kids were transfused HIV-infected blood at the Junagadh Civil Hospital.
A special court on Tuesday upheld the CBI closure report in the Junagadh HIV fiasco, while dismissing the protest petition filed against the same. In August 2011, 23 thallasemic kids were transfused HIV-infected blood at the Junagadh Civil Hospital. The blood was supplied from Sarvodaya Blood Bank. The number had later gone up to 28, of which nine had died.
Advocate Paresh Vaghela, filing a protest petition on behalf of complainant, had contended, “The blood bank is using Civil Hospital’s equipment and vehicles illegally. The high court had also asked CBI to take action against those responsible. The children in question did not receive blood from any other bank except Sarvodaya. Then why should the blood bank not be held responsible? If the accused are not responsible according to the CBI report, then how did the kids contract HIV? This makes the case an offence and hence, court should reject the CBI report.”
In response, CBI argued, “We investigated the donors, whose addresses we had received. However, we did not receive specific names, but instead got a list of 93 people who may have donated the blood. We looked for these people, but were only able to find 17 of them and even their reports came out to be negative. Hence, we do not have any evidence under which an offence can be registered against the accused under the IPC. As probe revealed negligence by doctors and staff (lab technicians), departmental action has been recommended against them.”
Upholding the report, special judge NJ Nayi observed, “The points raised by the prosecution are appropriate. It has not revealed anywhere in the report that the doctor or the staff intentionally transfused HIV-infected blood into the victims. Thus, a reason to take cognizance and file an offence against them does not appear. However, the CBI, after due investigation, has requested the state government to initiate departmental inquiry against some of the staff and hence its work is not yet over.”
The investigation was handed over to CBI upon the directive of the High Court. CBI after conducting due investigation, had submitted that cognizable offence cannot be seen against any of the accused and also submitted a report on the negligence of the blood bank staff.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "DNA")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}