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The Gujarat High Court on Thursday ordered the state government to register an FIR against authorities responsible for the incident where 23 thalassemic children were found infected with HIV in September this year allegedly due to negligence of staff at the Junagadh Civil Hospital and the blood bank there.
A division bench comprising acting Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala passed the order on a petition jointly moved by a group of 23 parents of these children.
Demanding action against those responsible in the episode,parents of the affected children had approached the HC earlier this month after their complaints to the concerned police authorities and the district superintendent of police were not registered as FIR.
In their petition,the parents stated,…due to gross negligence and violation of regulatory requirements,blood infected with HIV positive was infused into the children/patients by doctors and staff of the hospital and the blood bank.
The petition is being heard by the court simultaneously with a PIL in the same incident that demands free medical treatment and compensation for the affected children.
The state government opposed the petitions. An affidavit by the principal secretary (public health) P K Taneja stated that the affected children might have got HIV infection from sources other than the blood bank at the Junagadh Civil Hospital. The affidavit also detailed the steps taken by the state government following the incident.
However,the affidavit did not pass muster with the HC,which ordered the state government to file another affidavit next week with more details to substantiate its claims and first register an FIR on the complaints given by the parents of the affected children.
Advocate Girish Das,who appeared for the petitioners,said,The state government told the court it has carried out an inquiry into the incident. However,the court rejected the submissions while ordering it to first register FIR before carrying out any inquiry or investigation.
Further hearing on the petitions has been scheduled for December 29.
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