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Almost 10 months after around 25 thalassemic children from Junagadh tested HIV+ after undergoing blood transfusion at a private blood bank at the Junagadh Civil Hospital,the Gujarat High Court on Wednesday ordered the CBI to probe the matter.
Passing the order,a division bench comprising acting Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala severely criticised the state governments handling of the case while saying it was an exceptional case fit to be probed by the CBI and not by a state government agency.
The bench also came down heavily on police officer Shobha Bhutada,who had earlier probed the case,saying she was eager to get rid of the investigation ever since she was promoted assistant superintendent of police to superintendent of police.
The court expressed shock that even after an FIR was registered in the matter,the activities of the blood bank,named Sarvoday Blood Bank,were not checked despite the fact that it did not have a valid licence.
The court also pulled up the state government for allowing the blood bank,run by a trust led by a BJP MLA,to operate from the government hospital and getting itself placed among recognised blood banks on a state government website.
The blood bank invaded both the governments hospital and its website,the court observed.
The blood banks name was removed from the website only after the FIR was registered by authorities following an HC order.
This is exceptional case. Nowhere in the history (of India) did 23 children get HIV infections at a single government hospital, the court said. Two of these children have already died.
The court also observed that though the complainant in the case had alleged that the blood bank was collecting lakhs of rupees,FIR registered by police made no mention of it.
The court said if the CBI found it appropriate,it could modify the FIR also.
The next hearing has been kept after four weeks to see the progress in investigation.
In February this year,the HC had ordered the state government to register an FIR in the case on the basis of a complaint lodged by the parents of the victim children.
The court had also ordered to get the investigation supervised by a senior police officer of Deputy Inspector General of Police rank. However,it was not impressed by the police investigation.
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