Supreme Court To The Rescue Of HIV Positive Ex Army Man

The Supreme Court Thursday came to the rescue of a retired army personnel, who contracted HIV allegedly due to contaminated blood transfusion in an army hospital, directing that he be treated at the Base Hospital.

The court also sought a report on his medical condition to be submitted before it.

The armyman, who was part of Operation Parakram, had moved the top court alleging he had contracted HIV due to transfusion of contaminated blood in a field hospital in 2002 and has now become an AIDs patient. He alleged he was being denied medical care at Army hospitals.

India had launched Operation Parakram in the wake of the December 13, 2001 terrorist attack on Parliament.

“He is our man. We will take care of him,” Additional Solicitor General Vikramjit Banerjee, appearing for the government, told the bench comprising Chief Justice U U Lalit and Bela M Trivedi.

“The nature of controversy and the urgency in the matter in extending medical facilities to the petitioner was dealt with by this Court in its orders dated April 25, and July 18, 2022,” the bench noted.

The Army veteran claimed he got no medication at least on three occasions when he reported at the Base Hospital.

“We need not go into these issues as Vikramjeet Banerjee, ASG has fairly accepted that whatever is required shall be done and every single facility shall be extended to the petitioner as his condition may deserve. In the circumstances, we direct the petitioner to report at the Base Hospital, Delhi Cantt tomorrow itself,” the court said.

“He shall be examined by the concerned doctors who will check his present status (according to the petitioner the latest report from Dr. Lal Path Labs indicates that going by the NACO guidelines he is now “Aids patient”). Let the entire matter be medically examined at Base Hospital and report on that behalf be submitted on the next occasion,” it ordered.

It said the petitioner was at liberty to place the invoices, showing expenditure incurred by him for medication, and upon proper verification, the Army shall reimburse him.

The bench has now posted the case for disposal before another bench on November 22.

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