SC orders law on human organs trade in next cabinet meeting

* Directs govt to move against kidney sale

Staff Report

ISLAMABAD: The Supreme Court (SC) on Thursday ordered the Cabinet Division to ensure approval of a draft legislation on human organs trade in the upcoming federal cabinet meeting. The SC also directed the government not to spare those involved in human organs trade in the country.

“The ordinance (Transplantation of Human Organ and Tissues Ordinance 2007) should be promulgated irrespective of one’s liking or disliking. It should come in force and should be implemented in letter and spirit for the benefit of mankind,” observed Chief Justice (CJ) Iftikhar Muhammad Chaudhry while hearing a human rights case regarding illegal sale of kidneys and other human organs.

The complainant, a resident of village Yazman in Bahawalpur district, had complained that one of his kidneys was forcibly removed by members of a mafia involved in the organs trade while he was operated in a Rawalpindi hospital. He had also requested the apex court to probe the matter and order for the arrest of the culprits.

Cabinet Division Secretary Syed Mashood Alam Rizvi and Health Secretary Khushnood Akhtar Lashari, present in the courtroom, were served notices to justify delay in the promulgation of the ordinance despite clear orders of the court on July 2 last.

Deputy Attorney General Raja Muhammad Irshad represented the government.

The court directed the Ministry of Health to come up with some scheme to end the organs trade and if need be the court could order the law-enforcement agencies for their assistance.

The court ordered placing of the ordinance on priority at serial number one on the agenda to be taken up by the Cabinet in its meeting scheduled for August 1 or 2.

At the outset, the cabinet secretary informed the court that the PM Secretariat was communicated on June 15 for inclusion of the law in the cabinet agenda for June 27. The proposed law was at serial number seven then. However, he said the draft law was dropped from the agenda when the cabinet met on June 27.

At this the CJ recalled that under Rule 16(2) of the Rules of Business, the prime minister could submit any important matter to the President directly, bypassing the cabinet for its promulgation through the ordinance.

He recalled that the cabinet on February 14 had approved the proposed law in principle but sent the draft to senior advisor Sharifuddin Pirzada and the Law Ministry to vet the law. “They sent back the law with some policy changes,” he said.

The court, however, adjourned the matter for the first week of September to allow the government to adopt measures for the promulgation of the law.

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