Court Orders Police to Register FIR for Transfusion of Infected Blood at Chaibasa Hospital
In a significant ruling on February 4, 2026, the Jharkhand High Court has directed the local police to register a First Information Report (FIR) without delay regarding the transfusion of HIV-infected blood to five minor children at the Chaibasa Sadar Hospital Blood Bank. The writ petition, filed by Deepika Hembram and others, highlighted a grave public health issue where the alleged negligence of the hospital staff led to the life-threatening infection of minors with the HIV virus.
Presiding over the case, Justice Gautam Kumar Choudhary emphasized the statutory obligation of the police to lodge an FIR when a complaint reveals a cognizable offence. The court referenced the Drugs and Cosmetics Act, 1940, particularly Section 36AC, under which the use of spurious drugs, including infected blood, is considered a cognizable offence. The court affirmed that the police must act promptly upon receiving a written report detailing such a serious accusation.
The petitioners, represented by Advocate Mr. Md. Shadab Ansari, argued that despite a prior complaint filed by Dusru Kunkal, the Officer In-charge at Chaibasa Sadar Police Station did not register the case. The petitioners, belonging to marginalized communities, faced further neglect as their grievance was not addressed by the authorities. In response, the State’s counsel, Ms. Amrita Banerjee, contended that no formal complaint had been submitted to the police.
Acknowledging the oversight, the court instructed the petitioners to submit a new written report to the relevant police station. The court ordered that this report be registered immediately, and a copy of the FIR be provided to the informant. Furthermore, the court mandated that a copy of the report be filed before the court through a counter affidavit by the officer-in-charge.
This decision underscores the judiciary's commitment to ensuring accountability and justice in cases of public health negligence. The next hearing is scheduled for February 18, 2026, where further developments are anticipated.
Bottom Line:
Police is under statutory duty to lodge FIR when the complaint discloses a cognizable offence.
Statutory provision(s): Drugs and Cosmetics Act, 1940 Section 36AC, Section 3(b)
Deepika Hembram v. State of Jharkhand, (Jharkhand) : Law Finder Doc id # 2849447
