• Asks govt to ensure free-of-cost, uninterrupted treatment to all affected children and other identified patients
• Chief secretary-led body will have two impartial officers of BS-20 or above
• Show-cause notice issued to petitioner for disrupting proceedings

KARACHI: Expressing concerns over a harrowing number of HIV positive paediatric cases and reported deficiencies in infection control practices, the Sindh High Court has directed the provincial government to form a committee to hold an independent, impartial and comprehensive probe into the HIV outbreak at the Sindh Employees Social Security Institution (SESSI)-run Valika Hospital.

The SHC also ordered the chief secretary of Sindh, who will head the committee, to ensure that all affected children and other identified patients must receive free-of-cost comprehensive, uninterrupted and appropriate medical treatment at any institution of higher standard as medically appropriate.

A two-member constitutional bench of the SHC comprising Justice Adnan-ul-Karim Memon and Justice Muhammad Jaffer Raza further asked the top provincial officer to determine and process the entitlement of each affected child/family to compensation, financial assistance or other lawful relief and expeditiously complete the process without unnecessary hardship to the affected families.

It directed the competent authorities to further ensure that no affected child or family was discriminated against and stigmatised or denied medical, social or other lawful assistance on account of HIV status and identity and that medical information of the affected children should be dealt with strictly in accordance with applicable law.

The bench also asked the chief secretary and secretary of health department to ensure that immediate preventive and corrective measures were taken at the hospital to eliminate any further avoidable risk to patients and also make sure that laws regarding disposable syringes and infection-prevention protocols were strictly complied with.

The bench also issued a show-cause notice to the petitioner for disrupting court and instigating private persons accompanying him to disturb the decorum and dignity of the court and said that the persons involved be identified through video footages and appropriate action be taken strictly in accordance with law to secure and preserve the dignity of the court.

The bench issued such directives while disposing of a petition seeking an independent inquiry into the HIV outbreak, registration of a case and lifelong medical treatment as well as appropriate compensation for the affected children.

On Aug 11, the court had reserved its order after hearing arguments on the petition amid an uproar and protests by petitioner Tariq Mansoor Advocate and various family members of the affected children during the hearing.

The bench in its order, issued on Thursday, said that the matter involved issues of exceptional circumstances concerning the protection of rights to life, health, dignity and fair treatment particularly in view of reported transmission of HIV among children receiving treatment at a public-sector hospital.

“The material available, including the screening of a substantial number of persons, identification of HIV-positive paediatric cases, reported deficiencies in infection control practices, departmental proceedings against officials and allegations regarding the use or reuse of disposable syringes, warrants an independent, transparent and evidence-based inquiry”, it added.

The SHC also noted that it cannot be treated merely as an administrative issue as constitutional obligation to protect life under Article 9 extended to ensuring effective discharge of public-health and medical-safety responsibilities particularly towards vulnerable patients. However, it said allegations or departmental proceedings cannot by themselves establish individual culpability, which must be determined on evidence and after due opportunity of hearing.

The bench further observed that existing departmental proceedings and reports were insufficient to determine the number of affected persons, source and circumstances of transmission, compliance with infection-control protocols and the Sindh Regulation and Control of Disposable Syringes Act, 2010 as well as the supervisory and individual responsibility of the officials concerned.

Therefore, it said that in the interest of justice and transparency & public confidence, an independent fact-finding mechanism be constituted by the competent authority without expressing any final opinion regarding the guilt or innocence of any individual.

It directed the Sindh government to constitute the committee, to be headed by chief secretary and must co-opt two senior officers not below the rank of BS-20 preferably having no direct administrative involvement in the affairs of the hospital or the proceedings under inquiry, and it will conduct an independent, impartial and comprehensive inquiry into the entire matter and submit its comprehensive report to the competent authority as well as before the SHC within two months.

The bench stated that the committee has been tasked with identifying the factual position and fixing responsibility where supported by evidence and recommending appropriate departmental, statutory or criminal action pursuant to Section 7 of the Sindh Regulation and Control of Disposable Syringes Act, 2010.

It will also determine actual number and particulars of children and other patients, source of possible mode of transmission of HIV infection, reuse of any disposable syringe or other medical equipment, existence/implementation of infection-prevention protocols at the hospital, the role and responsibility of the medical, nursing, technical, administrative and supervisory officials and the status and legality of departmental proceedings already initiated against 37 officials and whether such proceedings adequately address actual responsibility of the persons concerned.

The bench also further noted that the petitioner had raised his voice and instigated the private persons accompanying him during a hearing on Aug 11, prima facie to attract the media and allowed the private persons to record videos in court which was contemptuous act on their part and disrupted the court proceedings and seriously disturbed the decorum and dignity of the court.

“The unruly conduct of the petitioner and the persons in the shape of a mob present in court compelled this court to retire to chambers to complete the order, although the almost entire order had already been dictated in open court. Prima facie, the petitioner, being dissatisfied with the conclusion of the matter, attempted to obstruct the court from proceeding further in accordance with law”, it added.

Therefore, the bench has issued a show-cause notice to the petitioner under the Contempt of Court Ordinance 2003 and asked its office to place the matter before the chief justice of SHC for appropriate orders. It has also asked the Sindh High Court Bar Association and the Sindh Bar Council to take immediate and appropriate remedial measures in accordance with law, including coercive measures, against apparent misconduct on the petitioner’s part.

Published in Dawn, August 14th, 2026