Omanis allowed to flee the country

Transplant authority chairman says that an FIR should have been lodged against the family.

LAHORE: The National Human Organs Transplantation Authority’s (NHOTA) provincial monitoring committee has let the family of Omani resident, Salma Sulaiman Shambha, return home without charging them under the Human Organ Tissue Transplant Act 2009, even though they had clearly violated the act and overstepped its mandate, the concerned authority told The Express Tribune.

NHOTA chairman Maj Gen (retd) Abdul Qadir Usmani said that this was an ideal opportunity to file the first ever FIR under this Act. He said that if legal action had been taken then no one would have dared to come into the country for the purpose of illegal organ transplants.

Shamba had died during an illegal kidney transplant operation on October 17 at Valencia Town. Her autopsy report confirmed that her death was due to the use of non-sterilised equipment during the operation.

Shambha’s family approached the Punjab chief minister’s (CM) secretariat and an inquiry was ordered under former Executive District Officer (EDO) Health Dr Fayyaz Ranjha who on October 20 raided and arrested agent Rehmat Ali.

On October 20, Health Secretary Fawad Hassan Fawad issued a handout stating that an FIR had been lodged against all involved. However, this was not the case.

Sources in the Health Department said that the Omani family used their influence with the CM to not get the FIR registered and to be able to travel back home.

The official said that under pressure Fawad changed his earlier stance to prosecute and on October 24, the son and son-in-law of the deceased left the country along with the body of their mother.

Gen Usmani said that NHOTA had written a letter to the Inspector General of Punjab Police and Health Secretary Fawad on October 21 but so far had no response.

He said that Fawad after receiving the autopsy report should have directed the concerned authority to file an FIR under the Human Organs Act.

He said that in 2007 NHOTA had written letters to all the embassies that illegal transplant operations were prohibited in Pakistan and its punishment was 10 years.

He said that the provincial committee comprised was headed by Fawad.

He said that after receiving the report stern action should be taken against the head of the provincial committee as the Omanis should have been booked.

Investigation Superintendent of Police of Model Town Division Abdul Rab told The Express Tribune that the Omanis have left the country and he could not file an FIR under Human Organ Act because its provincial monitoring committee had not approached him to do so. He said that he had asked the Health Department several times to file an FIR under the Act but they refused.

He said that under the Act, the police could not become the plaintiff.

Federal Health Minister Makhdoom Shahabuddin stated in a handout, issued on October 25, that the culprits involved in the illegal kidney transplant operation would not be saved from the law. He stated that doctors’ licenses would be cancelled.

He added that he has formed a committee which would probe the matter and the function of NHOTA’s provincial monitoring committee would also be checked.

The Health secretary was not available for comment.

Published in The Express Tribune, October 26^th, 2010.