The Jharkhand High Court directed the registration of a first information report in connection with allegations that minor children suffering from thalassemia were transfused with HIV-infected blood at a government hospital blood bank in the West Singhbhum district. The matter came before the court through a writ petition filed on behalf of affected children, who were dependent on regular blood transfusions due to their medical condition. The petition alleged grave lapses in blood screening and transfusion protocols at the blood bank of a state-run hospital, which resulted in multiple children testing positive for HIV after receiving transfusions there.
According to the pleadings before the court, the children involved were minors who required frequent transfusions as part of long-term treatment for thalassemia, a hereditary blood disorder. After undergoing transfusions at the concerned hospital, medical tests revealed that they had contracted HIV. The petitioners contended that this development could only be attributed to transfusion of contaminated blood and pointed to serious negligence on the part of hospital authorities and the blood bank in failing to adhere to mandatory screening and safety standards. The petition sought directions for immediate criminal action, including registration of an FIR, as well as a thorough investigation to identify those responsible for the alleged lapses.
During the proceedings, the State informed the court that no FIR had been registered because no formal written complaint had been lodged with the police. The High Court took note of this submission and observed that when information disclosing the commission of a cognizable offence is brought to the notice of the authorities, procedural technicalities cannot be used as a reason for inaction. The court underscored that allegations involving transmission of a life-threatening disease to minor patients through blood transfusion are of an extremely serious nature and demand prompt criminal investigation.
The High Court directed that any of the petitioners, acting through a parent or legal guardian, may submit a written complaint to the jurisdictional police station detailing the allegations. Upon receipt of such a complaint, the police were instructed to register an FIR without delay and proceed in accordance with law. The court further directed that a copy of the FIR be furnished to the informants and that a status report confirming registration of the case be placed before the court. The bench emphasised that the statutory duty of the police to register an FIR arises once information disclosing a cognizable offence is received, and that delay or reluctance in initiating criminal proceedings undermines public confidence in the justice system.
In examining the broader context, the court noted that blood transfusion services are governed by strict regulatory standards intended to ensure the safety of recipients, particularly vulnerable patients such as children with chronic illnesses. The allegations before the court suggested potential violations of these standards, raising concerns not only about individual negligence but also about systemic failures in oversight and compliance within public healthcare institutions. The court observed that such allegations require investigation by competent authorities to ascertain whether mandatory screening procedures were followed and to determine accountability at various levels of administration.
The High Court refrained from expressing any opinion on the merits of the allegations or the eventual liability of any individual or authority, clarifying that these matters fall within the domain of investigation and subsequent legal proceedings. Its intervention was confined to ensuring that the criminal law machinery is set in motion in response to the serious accusations placed before it. The court highlighted that judicial oversight at this stage was necessary to prevent further delay and to ensure that the allegations are examined through a lawful and transparent investigative process.
By directing the registration of an FIR, the High Court reinforced the principle that access to criminal justice cannot be denied in cases involving grave harm, particularly where minors and public health are concerned. The order underscores the obligation of law enforcement agencies to act promptly when confronted with allegations of serious medical negligence and potential criminal wrongdoing. The matter was directed to be listed again for further consideration after confirmation of compliance with the court’s directions, keeping open the possibility of additional orders depending on the progress of the investigation.
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