Supreme Court Grants Relief To Ex-Serviceman Who Alleged Contraction Of HIV-AIDS During Blood Transfusion

The petition pertains to allegations of HIV (human immunodeficiency virus) transmission at the Military Hospital, during blood transfusion, that took place on 10th July, 2002. On Thursday, the petitioner appearing in person submitted before the Apex Court that as per a recent report of Dr. Lal Path Labs and considering the NACO guidelines he is an AIDS patient. He added that as per the said report his CD4 count is 196. He apprised the Bench that anyone with CD4 count below 200 is declared to be an AIDS patient.

"Earlier my CD4 count was 324, now yesterday it was 196. Below 200, so I am now an AIDS patient. I am not getting treatment, I have produced the documents."

Moreover, his grievance is that on the last three occasions when he had reported at the Base Hospital, Delhi Cantonment for availing medical facilities for his condition, the same had not been provided to him.

The transfusion took place in 2002. HIV test was first conducted by the respondent authorities in 2014, which reflected that the petitioner was not HIV positive. However, as per the submission made by the petitioner, the same year another test was conducted and the petitioner was tested positive for HIV. It appears that the authorities' case is that if the transmission had happened in 2002, then the virus would have been detected in the first HIV test conducted in 2014. However, the respondent authority doesn't seem to have the entire record of this matter, owing to their policy of not retaining documents beyond a certain period of time.

A Bench comprising CJI, Justice U.U. Lalit and Justice Bela M. Trivedi asked the petitioner to report at the said Base Hospital for medical examination tomorrow (21st October, 2022) to avail adequate treatment for his condition. The Bench also granted him liberty to place the invoices indicating his medical expenses so that the same can be reimbursed by the respondent authorities after verification. According to the Apex Court's order, the doctors at the Base Hospital are to check his present medical status and provide him with the medical assistance that his condition deserves. It was also noted in the order that -

"Let the entire matter be medically examined at Base Hospital and a report be submitted before this Court on the next occasion."

On a previous occasion, the respondent authorities were asked to place on record material indicating the source or name and details of the person who had donated the blood utilised for transfusion and whether the donor was ever detected HIV positive and if so, what happened to that donor. The Court had in fact also directed the authorities to have the donor tested and submit the report to the court.

CJI, Justice Lalit noted, "Those reports are not forthcoming."

During the course of the hearing Senior Advocate, Mr. Vikramjit Banerjee, ASG, raised contention regarding the 'level of virus' and informed the Bench that the respondent authorities have a 'contrary report'.

CJI, Justice Lalit told him, "We are not getting into that."

Eventually Mr. Banerjee assured the Bench that the petitioner would be provided every single facility as his condition demands and he would be taken care of.

"He is our people, we will take care of him."

Amicus Curiae, Ms. Meenakshi Arora pointed out that in this case an expert can be appointed to assist the Court.

Since the CJI is to demit office in a couple of weeks, he said that the said decision can be taken by his successor.

"Let my successor decide that."

Considering his deteriorating health, the petitioner insisted that the matter be decided at the earliest.

The matter is directed to be listed on 22nd November, 2022 for final disposal.