SC orders formation of medical board for HIV AIDS prisoner

ISLAMABAD: The Supreme Court (SC) on Tuesday ordered constitution of a medical board for ascertaining the plight of inmates in Chaman prison, Balochistan, as well as examining the provision of proper health facilities there.

A three-member apex court bench, headed by Justice Umer Ata Bandial, heard a bail plea of one Saddam Hussain. Saddam is one of the four accused involved in a murder case.

Kamran Murtaza, the counsel for Saddam, disclosed before the court that his client was HIV AIDS patient and imprisoned in Chaman jail. He submitted before the court that there were no proper medical facilities available in jail; therefore, another medical board might be constituted for examining the heath condition of his client.

Justice Bandail observed that as per initial medical board report, the accused, besides other diseases, was also suffering from lungs disease. “Whether a patient of HIV virus could be dangerous for other prisoners,” Justice Mazhar Alam Khan Miankhel questioned. The public prosecutor, Baqir Shah, however, told the court that the virus could not spread during social contacts. The court ordered formation of another medical board to examine the health of the accused, suffering from HIV AIDS as well as to ascertain the plight of inmates in Chaman jail besides examining the health facilities there.

The court remanded the case to the Balochistan High Court for constitution of a medical board with the direction that the high court should decide the bail of the accused in the light of a report of the medical board. Later the court disposed of the matter. In a another case pertaining to suo moto notice regarding enforcement of anti-terrorism laws, the same bench issued notices to RPO Multan, Inspector Police Station Burewala and 31 accused persons.

The court observed that three people were killed and five others injured during a clash between two parties. Whether provisions of anti-terrorism law could not be applied to the incident, Justice Bandial asked the Prosecutor Punjab. Justice Mazahir Ali Akbar Naqvi, another member of the bench, asked the prosecutor if he had gone through the anti-terrorism law. The prosecutor replied that he had read it a little bit. “You have made mockery of the law and before appearing before the court, you must be aware of the said law,” Justice Naqvi told the prosecutor.

The prosecutor told the court that both the parties had filed applications for reconciliation. Justice Bandial observed that law develops with the passage of time, adding that no challan had been submitted since the incident occurred two years back. “This step will lead to lawlessness,” Justice Mazahir Naqvi remarked. Justice Bandial said that they would examine as to whether the incident fell in personal enmity or the anti-terrorism law could be applied to the matter.

Meanwhile, the court issued notices to RPO Multan, Inspector Police Station Burewala and 31 accused persons and adjourned the hearing.