Draft ord on organ transplant prepared

Published February 1, 2007

LAHORE, Jan 31: The deputy attorney-general of Pakistan on Wednesday informed the Supreme Court that the government had prepared a draft ordinance on transplantation of human organs.

The DAG said the draft — Transplantation of Human Organs and Tissue Ordinance 2007 — was likely to be placed before the competent authority for issuance.

The submission has been made before a full bench, comprising Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry, Justice Tassaduq Husain Jillani and Justice Syed Jamshed Ali, during the proceedings of a human rights case regarding illegal removal of a kidney of a boy in Lahore.

The court adjourned the hearing for two months enabling the government to issue the ordinance.

Earlier, the court had directed the federal government to legislate against the illegal transplantation of human organs and report on it within two months. The directions had been given on a suo moto action taken by the chief justice on a complaint filed by Mohammad Asghar, who had submitted that some people had sold the kidney of his son, Amjad.

He said in the petition he had got a case registered against the accused, Ishaq, Boota, Shahzad alias Shada and Nawaz alias Nikka, who, however, were acquitted.

The bench sent the petition to the LHC with directions to settle the issue.

The SC statement added that the court in its earlier hearing had observed that sale of kidney and other body organs was not permissible, and, therefore, not only the donor and seller, but also the person who would operate for the purpose of removing kidney were equally responsible. The court also inquired whether any legislation on this behalf was available.

It also summoned the judicial as well as police record, observing that the question of selling kidneys in different parts of the country involved question of public importance regarding the fundamental rights guaranteed under Article 9 of the Constitution.

During the proceedings, Additional Advocate-General (Sindh) Chaudhry Mohammad Rafique submitted that only one case had been registered in Karachi, and no report of sale of human organ had been received.

The AAG of Balochistan stated that the health department of his province had reported no case of illegal sale of kidney or human organs so far.

Since there was nobody from the NWFP to respond to the court, the bench directed the SC registrar to get the information from the province.