PESHAWAR: The Peshawar High Court (PHC) on Thursday directed the Federal Investigation Agency (FIA) to start a large-scale operation against the doctors and private hospitals involved in illegal business of kidney transplant in the province.
A division bench comprising Justice Qaiser Rashid Khan and Justice Qalandar Ali Khan issued the direction to the FIA to take a mass-scale operation against the doctors and private hospitals involved in the inhuman business and submit a report before January 23, the next hearing of the case.
The bench issued a direction in a writ petition filed by Hamdullah, a resident of Kohat, through his lawyer Malik Ajmal Khan.
The petitioner claimed that his uncle Habibullah Khan had a kidney transplant operation in a private hospital, but it was not successful even though they were charged a huge amount.
“Why is the FIA not taking action against the persons involved in illegal kidney transplant? We also don’t see the role of Medical Transplantation Regulatory Authority, established by the provincial government on the ground for taking action against the illegal kidneys transplantation in the province,” Justice Qaiser Rashid Khan questioned the officials of FIA and provincial government who appeared in the case.
During the hearing, the FIA officials informed the court that the agency submitted its progress report about Peshawar and continued action on the complaints about illegal transplant of kidneys.
At this, the court asked the officials that the FIA should take action across the province, not just in Peshawar, against the persons involved in this crime.
Chief Executive Officer Khyber Pakhtunkhwa Healthcare Commission (KPHCC) Azar Sardar submitted that the commission has started an extensive public awareness campaign through seminars and media against the illegal kidney transplant.
He said the commission has also continued its action against the substandard private hospitals and laboratories in the province and so far sealed more than 2,000 laboratories, operation theatres and clinics.
However, he said the provincial government has established Khyber Pakhtunkhwa Medical Transplantation Regulatory Authority (KPTRA), a separate body for regulating the kidney transplant, and it takes action against the illegal kidney transplant business in the province.
The CEO also informed the bench that on the court’s direction, a joint meeting held between FIA, KPHCC and KPTRA prepared a strategy to strictly deal with the illegal kidneys transplant business in the province.
The bench directed the KPHCC CEO to expedite the operation against the substandard hospitals, laboratories and fake doctors in the province.
In-charge of the KPTRA, Dr Asif, appeared in the court and informed that due to lack of funds, the KPTRA is still non-functional and still he had not hired staff for the authority.
After hearing this, the court issued the direction to the additional secretary Health Service Department, who was present in the court, to release funds to the KPTRA as the court would not compromise on the illegal business of human organs.
Dr Asif also pointed out that the business was also on the rise due to lack of awareness among the public. He said the KPTRA is going to observe a day against illegal kidney transplantation in January to raise awareness among the public.
During the hearing, Justice Qalandar Ali Khan observed that the government should establish a Health Complaint Cell for redressal of the issues.
He noted that unfortunately there are so many institutions operating in the health sector, but still people are coming to the courts with their complaints, which showed a bad performance of the institutions. Additional Advocate General Syed Sikandar Shah stated that health is atop the provincial government’s priorities and is being improved through reforms.
