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Official Citation: 2026 SHC 1531
Court / Jurisdiction: Sindh High Court
Petitioner: Const. P. 2984/2026 (D.B.) Sindh High Court, Karachi - M. Tariq Mansoor Advocate (Petitioner)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 1531. In this matter between Const. P. 2984/2026 (D.B.) Sindh High Court, Karachi - M. Tariq Mansoor Advocate (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Sindh High Court CASE NO: Const. P. 2984/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 1531 PARTIES: M. Tariq Mansoor Advocate (Petitioner) ORDER DATE: 11-AUG-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Jaffer Raza A.F.R: Yes ------------------------------------------------------------ 1
ORDER SHEET IN THE HIGH COURT OF SINDH, KARACHI
Constitutional Petition No. D-2984 of 2026 (Tariq Mansoor versus Province of Sindh & others)
Date Order with signature of Judge
Mr. Justice Adnan-ul-Karim Memon Mr. Justice Muhammad Jaffer Raza
Date of hearing and decision: 11.8.2026
Mr. Tariq Mansoor, petitioner in person Barrister Zohaib Zulfiqar Sarki, Additional AG Mr. Mohsin Qadir Shahwani , advocate for the Respondent- SESSI along with Mr. Azain Memon, advocate for the SESSI Mr. Ghulam Asghar Pathan, Advocate for the SESSI Mr. Sarfaraz Ali Metlo , advocate for respondent No. 7, along with Mr. Faiz Ali Sheeraz Metlo, Mr. Zeeshan Ali Haidery Metlo and Mr. Farooq Ali , advocates DSP Sajid Gujjar on behalf of AIGP (Legal) DSP Ayaz Rajpar on behalf of AIGP (Legal-II) ---------------------
ORDER Adnan-ul-Karim Memon, J . Petitioner Tariq Mansoor has filed this Constitutional Petition under Article 199 of the Constitution of the Isla mic Republic of Pakistan, 1973 with the following prayer (s): -
1. To may direct the Respondents No.3, 1,2, 11, 9 and 10 to immediately register a complaint and FIR U/S 3, 4, 5, 6, 7 of the Sindh Regulation and Control of Disposable Syringes Act, 2010 and U/S 34,109, etc., of the P.P .C., of the said tragic incident and to prosecute and bring to justice via a transparent, impartial and speedy investigation and prosecution against all culprits without any exception so found to be involved either directly or indirectly in each instance o f the victim separately in any manner treated and affected due to HIV Aids Outbreak at Kalsum Bai Valika Social Security, Hospital, Site, Karachi.
2. To may direct: Respondents -1, 3, 4 and Respondents -5, 6 to register and for complete screening, quarantine a nd "Treatment for life" of all of the those innocent little children victims, so affected and those treated since last two years and also from Oct ober 2025 till date at KBV SESSI Hospital Site, Karachi so affected to effectively control the further spread of such HIV Aids disease among pubic and their immediate family members, and to get the victims/affectees, A level treatment at Top of the line Tertiary Care Hospital in Pakistan incl. Aga Khan Hospital, Liaquat National Hospital and abroad incl. UK, USA, at the complete expenses of M/s. SESSI, Govt. of Sindh to be deducted/reimbursed from SESSI, Employees Social Security Fund U/S 29 of the SESS Act, 2016, for each of the victims and his/her parents accordingly.
3. To may direct : the Respondents No s.1, 2, 3, 4, 5 to initiate an high powered Independent, Impartial and Transparent, time bound domestic inquiry under R espondent-1, Chief Secretary of Sindh, for "misconduct" and " criminal professional medical negligence at workplace” against the Medical Advisor of S ESSI, MS of Kalsum Bai Valika SESSI Hospital Site, Karachi, the on duty Medical Duty
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Officers and paramedical staff (so deputed at relevant time of the incident as per record) and to take necessary strict disciplinary act ion in accordance with law includin g termination against all those officials and persons so found to be involved in the happening of the said tragic and inhuman incident at KBV SESSI Hospital Site, Karachi and to made the report Public as mandated U/A 19 A of the Constitution of the Islamic Republic of Pakistan, 1973.
4. To declare: that each of the victims / including deceased victims (via their parents/guardian) so treated and got infected affected due to prima facie gross Criminal Professional Negligence and Misconduct of Officials of M/s. KBV SESSI Hospital Site Karachi, and are legally and constitutionally entitled to claim damages/compensation in accordance with law for their loss of li fe/health and wellbeing for the rest of their life from M/s. SESSI, as R espondents 4, 5 to be deducted from its Consolidated Employees Social Security Fund U/S 29 of the Sindh Employee Social Security Act, 2016 in lieu of its Staff " vicarious liability".
5. To may direct : the Respondent s No.1, 3, 5, 8 and 11 to immediately enforce in its letter and spirit with out any exception across the board under S ections 3, 4, 5 and 6 of the subject act and prohibits manufacture, sale, marketing and re-use of disposable syringes (except auto lock, auto destruct, or auto break for injection) for drawing of blood and other pu rposes in any manner whatsoever in 32 x Districts of Sindh, inel, and specially in 07 x Districts of Karachi Division and its 413 plus Public Hospitals, DHQs, THQs, under Govt. of Sindh as well as hundreds of Private Hospitals, Dispensaries, Diagnostic Lab s, Clinics, Maternity Centers, and Teria Care Hospital(s).
6. To direct: Respondents No.1 and 3 to immediately frame and notify via Sindh Govt. Gazette, the mandatory Rules of enforcement U/S 10 of the Sindh Regulation and Control of Disposable Syringes Act, 2010, within a period of 30 calendar days.
7. To may kindly direct : any other order incl. the above, as this Court may deem fit and proper following the principles of natural justice to meet the ends of justice in "the larger Public Interest" of approx. 200 plus innocent little children victims of Workmen and their families , citizens and prospective patients ( for the enforcement of their right to life, dignity, fair trial and due process of law ) residing in the Province of Sindh accordingly.
2. The petition er, who appears in person , submits that the instant Constitutional Petition has been filed under Article 199 of the Constitution like Public Interest Litigation for enforcement of the fundamental rights guaranteed under Articles 4, 9, 10 -A, 14, 19 -A, 25, 3 7 and 38 of the Constitution. The petition arises out of the reported HIV outbreak at Kalsum Bai Valika SESSI Hospital, SITE, Karachi (KBV) caused by the reuse of contaminated disposable syringes and gross medical negligence, resulting in the infection of approximately 84 to over 200 children, with several reported fatalities. It is submitted that KBV SESSI Hospital is a public hospital functioning under the Sindh Employees Social Security Institution (SESSI), established under the Sindh Employees Social Security Act, 2016, and is responsible for providing medical facilities to insured workers and their dependents. He adds that t he hospital caters to a large number of patients daily and owes a statutory duty to provide safe and adequate medical
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treatment. Petitioner contends that despite repeated reports in the national media regarding the HIV outbreak, no transparent, independent or time -bound inquiry has been conducted to fix responsibility upon the officials and medical staff allegedly involved. Although t he petitioner served a legal notice upon the concerned authorities demanding an independent inquiry, registration of criminal proceedings, disclosure of the inquiry report, screening and treatment of affected children, and compensation to the victims, no e ffective action has been taken except for a communication by the Provincial Secretary, Labour and Human Resources Department, seeking a report from SESSI. It is further submitted t hat the alleged reuse of disposable syringes constitutes a blatant violation of the Sindh Regulation and Control of Disposable Syringes Act, 2010, besides amounting to criminal negligence punishable under the Pakistan Penal Code. Petitioner also submits that a preliminary list of the children allegedly affected by HIV due to the reported reuse of contaminated syringes at Kalsum Bai Valika SESSI Hospital, SITE, Karachi, has been placed on record along with their particulars. It is further submitted that the actual number of affected children is reported to exceed 200. He further adds that the seriousness of the incident has also received international attention, including a documentary prepared by the BBC featuring interviews with the affected families. He next submitted that t he continued failure of the respondents to enforce the s tatutory provisions regulating disposable syringes has endangered public health and violated the constitutional guarantee of the right to life and human dignity. He submits that the State is constitutionally obligated to protect the lives and health of cit izens and to ensure effective enforcement of public health laws. Reliance is placed upon the principles laid down by the Honourable Supreme Court in Shehla Zia D. WAPDA (PLD 1994 SC 693 ), Benazir Bhutto v. Federation of Pakistan (PLD 1988 SC 416 ), and othe r judgments recognizing the expansive scope of the right to life and the maintainability of public interest litigation for enforcement of fundamental rights. It is contended that the respondents have failed to discharge their statutory and constitutional o bligations by not conducting an independent inquiry, not registering criminal cases against those responsible, not ensuring comprehensive screening and treatment of affected patients, and not framing the rules contemplated under Section 10 of the Sindh Regulation and Control of Disposable Syringes Act, 2010. Such inaction, according to learned counsel, amounts to arbitrary exercise of authority and infringes the fundamental rights of the affected children, their families and the public at large. He lastly p rays that this Court to conduct an independent and transparent inquiry, register criminal proceedings against all responsible persons, ensure lifelong medical treatment and appropriate compensation for the affected children, enforce the provisions of the S indh Regulation and Control of Disposable Syringes Act, 2010 throughout the
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Province of Sindh, frame the requisite rules under the Act, and grant such other relief as may be deemed just and proper in the circumstances.
3. This Court vide order dated 02.7.2026 issued notice to all concerned to put in appearance and submit their point of view . In compliance with the Court’s order, learned AAG submitted the report of the Secretary, Health Department, Government of Sindh. It was stated that KVSS Hospital is u nder the administrative control of Sindh Employees' Social Security Institution (SESSI), Labour & Human Resources Department, whereas the Health Department, through its Communicable Disease Control (CDC -I) HIV/AIDS Programme, undertook immediate public hea lth measures after receiving reports of HIV - positive pediatric cases. It is averred that a Rapid Response Team was deputed, an ART Centre was established at the hospital on 27.10.2025, and over 10,000 persons were screened, out of whom 120 HIV -positive cas es were detected and provided free treatment, counselling and follow -up care. It was further submitted that the Sindh Healthcare Commission (SHCC) conducted inspections of the hospital and identified deficiencies in Infection Prevention and Control (IPC) practices and administration, while recommending Corrective measures. The report also mentioned that auto-lock syringes were being used at the hospital. The Health Department maintained that it had fulfilled its statutory responsibilities regarding disease surveillance, treatment and prevention, whereas matters relating to hospital administration, IPC compliance and corrective actions fell within the domain of SESSI and the Labour Department.
4. This Court was also informed that, pursuant to recommendation s of an inquiry committee constituted under the directions of the Provincial Ombudsman, the Labour Department had suspended 37 officials, issued show-cause notices and initiated departmental proceedings under section 6 of the Efficiency and Discipline Rule s, 1973. The compliance report further referred to the Sindh Regulation and Control of Disposable Syringes Act, 2010, stating that the law prohibits the use of disposable syringes other than auto -lock, auto -destruct or auto-break syringes. It was submitted that after completion of departmental proceedings, action against responsible persons under the said Act and other applicable laws would be taken, including filing of a complaint before the competent Court in terms of Section 7 of the Act.
5. I.G. Police Sindh also submitted report with the narration that the inquiry report, apart from the recommendation, no such evidence came to the surface in the shape of inquiry or statement which could disclose the c ommission of a cognizable offence ; however, in case of any medical negligence on the part of medical staff, the aggrieved can approach the Healthcare Commission under the law.
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6. At this stage, learned counsel for Respondent No.7 candidly conceded that the allegations raised by the petitioner involve a ma tter of paramount public importance and, therefore, cannot be fairly or independently inquired into by Respondent No.7 himself, particularly where the allegations concern acts or omissions attributable to the said respondent or officers under his control. In the interest of judicial propriety and transparency, it is suggested that the Chief Secretary, Government of Sindh, shall constitute and head an independent committee, comprising two senior officers of Grade -20, to examine the allegations, record statem ents of the aggrieved persons, determine the responsibility of the delinquent officials, and submit its findings and recommendations to the Government of Sindh for appropriate action. In case any medical negligence or criminal cognizable offence is disclos ed, the matter may also be referred to the Sindh Healthcare Commission and the competent law - enforcement agency in accordance with law. If departmental misconduct or negligence is established, disciplinary proceedings shall be initiated against all delinquent officers under Section 6 of the Sindh Civil Servants (Efficiency and Discipline) Rules, 1973, strictly in accordance with law. 7. Learned counsel for Respondent Nos. 4 and 5 (SESSI) submitted that the instant Constitutional Petition has substantially served its purpose and has become infructuous, as the reliefs sought by the Petitioners have largely been complied with. He contended that the allegation that SESSI remained inactive after detection of HIV-positive cases at Kulsoombai Valika Hospital was mi sconceived and contrary to the record. He submitted that immediately upon detection of the cases, SESSI, pursuant to the directions of the competent authorities, constituted an Inquiry Committee to ascertain the circumstances, identify deficiencies, fix responsibility and recommend remedial and disciplinary measures. SESSI also fully cooperated with the proceedings before the Provincial Ombudsman, and various corrective measures were taken, including strengthening infection -control mechanisms, establishing an Anti-Retroviral Therapy (ART) Centre, constituting a second inquiry committee and initiating disciplinary proceedings against officers and officials found prima facie responsible. Learned counsel further submitted that SESSI had not attempted to shield any person from accountability and had simultaneously undertaken institutional reforms to prevent recurrence of such incidents. He stated that the ART Centre is operational, specialist consultants have been engaged for treatment of the affected children, i nfection-prevention protocols have been reinforced, and an Endowment Fund of Rs.2 billion has been established by SESSI for the continued treatment, medical care and welfare of the affected children. He therefore maintained that the allegations against the Respondents were unfounded and prayed that, in view of the measures already
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taken and substantial compliance with the relief sought, the Petition be treated as having become infructuous. 8. We have heard the petitioner , who appears in person, learned cou nsel for the respondents and learned Additional Advocate General, and having perused the material placed on record, including the compliance report submitted pursuan t to the order dated 02.07.2026.
9. This Court is of the considered view that the matter i nvolves issues of exceptional circumstances concerning the protection of the rights to life, health, dignity and fair treatment, particularly in view of the reported transmission of HIV among children receiving treatment at a public -sector hospital. The ma terial available, including the screening of a substantial number of persons, identification of HIV -positive pediatric cases, reported deficiencies in infection - control practices, departmental proceedings against officials, and allegations regarding the us e or reuse of disposable syringes, warrants an independent, transparent and evidence-based inquiry. The matter cannot be treated merely as an administrative issue, as the constitutional obligation to protect life under Article 9 extends to ensuring effecti ve discharge of public -health and medical -safety responsibilities, particularly towards vulnerable patients. However, allegations or departmental proceedings cannot by themselves establish individual culpability, which must be determined based on evidence and after due opportunity of hearing. Accordingly, the existing departmental proceedings and reports being insufficient to determine the number of affected persons, the source and circumstances of transmission, compliance with infection -control protocols a nd the Sindh Regulation and Control of Disposable Syringes Act, 2010, as well as the supervisory and individual responsibility of the concerned officials, this Court considers it necessary, in the interest of justice, transparency and public confidence, th at an independent fact -finding mechanism be constituted by the competent authority, without expressing any final opinion regarding the guilt or innocence of any individual.
10. Accordingly, the matter is referred to a Committee to be constituted by the Government of Sindh through the Chief Secretary , who shall take pains to head the Committee, and shall co -opt two senior officers not below the rank of BS -20, preferably having no direct administrative involvement in the affairs of the hospital or the procee dings under inquiry. The Committee shall conduct an independent, impartial and comprehensive inquiry into the entire matter in terms of the prayer clauses of the petitioner and shall ascertain the factual position with particular reference to:
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(i) the actu al number and particulars of children and other patients who were found HIV -positive and who received treatment at the hospital during the relevant period; (ii) the source, circumstances and possible mode of transmission of HIV infection, based on available medical and scientific evidence; (iii) whether any disposable syringe or other medical equipment was reused, improperly disposed of, inadequately sterilized or otherwise used in violation of the applicable law, rules, protocols or standard medical practice; (iv) the existence and implementation of infection -prevention and control protocols at the hospital; (v) the procurement, supply, storage, distribution and use of auto -lock, auto-destruct or auto-break syringes and the relevant record thereof; (vi) the role and responsibility of the medical, nursing, technical, administrative and supervisory officials concerned; (vii) whether any officer or official, by act or omission, failed to discharge a statutory, administrative or supervisory duty; (viii) the stat us and legality of the departmental proceedings already initiated against the 37 officials and whether such proceedings adequately address the actual responsibility of the persons concerned; (ix) whether any provision of the Sindh Regulation and Control of Disposable Syringes Act, 2010, or any other applicable law has been violated and, if so, the persons prima facie responsible; and (x) the measures required for preventing recurrence of any such incident in the future. 11. The Committee shall be empowered to examine all relevant records, including medical and laboratory reports, screening data, procurement and stock registers, syringe records, duty rosters, infection -control and inspection reports, inquiry proceedings, CCTV footage where such incidents occu rred in Sindh and other material necessary for an objective determination, while affording a fair opportunity of hearing to any person against whom an adverse finding is proposed. The Committee shall submit its comprehensive report to the competent authority and place the same before this Court through MIT -II within two months of its constitution, identifying the factual position and, where supported by evidence, fixing responsibility and recommending appropriate departmental, statutory or criminal action pursuant to Section 7 of the Sindh Regulation and Control of Disposable Syringes Act, 2010 . Pending the inquiry, the Chief Secretary, Government of Sindh, shall ensure through the concerned departments/SESSI that all affected HIV -positive children and other identified patients receive comprehensive, uninterrupted and appropriate medical treatment, including medicines, investigations, counselling and follow -up care, entirely free of cost, at any institution of higher standard as medically appropriate. All suc h
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expenses shall be borne by the Government/SESSI and shall not be recovered from the affected patients or their families, and the arrangement shall continue fo r as long as medically required as submitted by learned counsel appearing for SESSI. 12. In view of the extraordinary circumstances of the case and the vulnerability of the affected children, the Chief Secretary shall also determine and process the entitlement of each affected child/family to compensation, financial assistance or other lawful relief, strictly in accordance with the applicable statutory framework and government policy, and shall ensure that the process is completed expeditiously and without unnecessary hardship to the affected families. 13. The competent authorities shall also ensure that no affected child or family is discriminated against, stigmatized or denied medical, social or other lawful assistance on account of HIV status. The identity and medical information of affected children shall be dealt with strictly in accordance with applicable law and accepted medical standards relating to confidentiality. 14. The Chief Secretary Sindh and the Secretary Health Department shall ensure immediate preventive and corrective measures at the hospital to eliminate any further avoidable risk t o patients and strict compliance with the Sindh Regulation and Control of Disposable Syringes Act, 2010, infection -prevention protocols and other applicable health regulations, and, where necessary, ensure framing of requisite rules in accordance with law. The constitution of the Committee and these directions shall not be construed as a finding of guilt against any person; rather, the Committee shall ascertain the truth, determine institutional or individual responsibility based on evidence, protect affect ed persons, and ensure that any person found responsible is proceeded against strictly in accordance with law after providing hearing to them under the Rules 1973. 15. Before parting with this order, we may observe that during the hearing, the Petitioner, Tariq Mansoor , advocate appearing in person, raised his voice and, instigated the private persons accompanying him, prima facie to attract the media and allowed the private persons to record videos in Court which is contemptuous act on their part and disrupted the Court proceedings and seriously disturbed the decorum and dignity of the Court. The unruly conduct of the Petitioner and the persons in the shape of a mob present in court compelled this Court to retire to chambers to complete the order, although the almost entire order had already been dictated in open Court. Prima facie, the Petitioner, being dissatisfied with the conclusion of the matter, attempted to obstruct th e Court from proceeding further in accordance with law. This incident also exposes a serious security lapse on the part of the Court Security In -charge, including the DSP and SSP concerned, who
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were also called upon to explain the position , they sought time to hold inquiry, prima facie they are directly responsible for maintaining order and…
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