Karachi: The Sindh High Court has ordered the chief secretary to lead an independent inquiry into HIV cases reported among children who received treatment at the SESSI-run Kulsoom Bai Valika Hospital, directing authorities to ensure their free and uninterrupted medical care.
A two-member bench comprising Justice Adnan-ul-Karim Memon and Justice Muhammad Jaffer Raza issued the order on August 11 in Constitutional Petition No. D-2984 of 2026, filed by advocate Tariq Mansoor in person.
The court held that the material placed before it, including screening data, HIV-positive paediatric cases, reported deficiencies in infection-prevention practices and departmental proceedings against officials, required an independent, transparent and evidence-based inquiry.
It said the case involved the rights to life, health, dignity and fair treatment of vulnerable patients. At the same time, the bench clarified that allegations and departmental proceedings did not by themselves establish the culpability of any individual, which must be determined on evidence after a proper hearing.
The court directed the chief secretary to head the inquiry committee and co-opt two officers of at least BS-20 rank who have no direct administrative involvement in the hospital or the earlier proceedings.
The committee has been asked to ascertain the actual number and particulars of children and other patients found HIV-positive after receiving treatment at the hospital during the relevant period, and examine the source, circumstances and possible mode of transmission on the basis of available medical and scientific evidence.
It will also examine whether disposable syringes or other medical equipment were reused, improperly disposed of, inadequately sterilised or otherwise used in violation of applicable laws, protocols or standard medical practice.
The inquiry will review infection-prevention and control arrangements at the hospital, records relating to the procurement, supply and use of auto-lock, auto-destruct or auto-break syringes, and the role of medical, nursing, technical, administrative and supervisory officials.
The bench further directed it to examine the status and legality of disciplinary proceedings against 37 officials, determine whether they adequately address responsibility, and identify any violation of the Sindh Regulation and Control of Disposable Syringes Act, 2010 or other applicable laws.
The committee may examine hospital and laboratory records, screening data, stock registers, syringe records, duty rosters, inspection reports, inquiry proceedings and CCTV footage. It has been directed to submit a comprehensive report to the court through MIT-II within two months of its constitution.
The court also ordered the chief secretary and relevant departments to ensure that affected HIV-positive children and other identified patients receive comprehensive treatment, medicines, investigations, counselling and follow-up care free of cost for as long as medically required.
It said expenses would be borne by the Sindh government or Sindh Employees’ Social Security Institution and could not be recovered from patients or their families. The chief secretary was further directed to determine and process any lawful entitlement to compensation, financial assistance or other relief for affected children and their families.
The order also requires authorities to protect the confidentiality of the children’s identities and medical records and ensure that no child or family is stigmatised, discriminated against or denied lawful assistance because of HIV status.
The petition had sought an independent inquiry, criminal action where evidence supports it, treatment and compensation for children allegedly infected after receiving treatment at the SITE-area hospital. The court said the inquiry would determine the factual position without expressing any opinion on the guilt or innocence of any individual.
According to the health department’s report submitted to the court, an antiretroviral therapy centre was established at Valika Hospital on October 27, 2025. More than 10,000 people were screened and 120 HIV-positive cases were detected, while the department said patients were being provided free treatment, counselling and follow-up care.
SESSI told the court it had conducted inquiries, initiated departmental proceedings and taken infection-control measures. Its counsel also stated that a Rs2 billion endowment fund had been set up for the long-term treatment, medical care and welfare of affected children.
In July, Sindh Labour Minister Saeed Ghani said a second inquiry report had confirmed 78 HIV-positive children and six deaths. He said the number could rise as some families had not appeared before the inquiry committee.
Separately, the court ordered issuance of a show-cause notice to the petitioner over alleged disruption during the hearing, directing that contempt proceedings be initiated in a separate case.
Ends