CJP seeks recommendations to stop illegal organ transplant trade

ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Wednesday sought recommendations to stop illegal organ transplant trade in the country.

Headed by the CJP, a three-member Supreme Court (SC) bench initiated the hearing of the illegal transplantation of kidney cases.

Dr Mirza Naqi Zafar appeared in the court and briefed the court. The CJP, in his remarks, said that the illegal transplantation of kidneys was a great evil and that nobody should be forced to donate their organs.

As the hearing of suo moto case resumed, Dr Zafar Mirza told the court that illegal surgical procedures were taking place across the country. He further told the court that national and provincial authorities responsible to stop the illegal trade do not have the necessary authority, further stating that authority at the provincial and federal level was impotent.  However, the Additional Advocate General Punjab said that authorities were present in Punjab and Khyber-Pakhtunkhwa.

When Justice Umar Ata Bandiyal asked how authorities can curb the illegal trade and transplant, Dr Zafar replied that the law enforcement agencies can assist the authorities.

Meanwhile, Justice Nisar said that it’s impossible that no authority was present at the local level according to the federal and provincial laws against illegal transplantation. He remarked that in this case, the lack of implementation of laws was the main stumbling block.

The doctor also said that there is lack of awareness amongst people regarding organ donation. “There are people who want to donate organs, but concerned authorities need to develop a proper procedure for this,” he said.

The CJP said that neither he nor the judiciary can force the Parliament into lawmaking, but can point out the flaws in any matter.

He asked the relevant authorities to submit a written guideline on how to donate organs on March 14 and adjourned the hearing till March 17, when it will be held at Karachi Registry.

On Tuesday, the Minister for Specialised Healthcare and Medical Education Khawaja Salman Rafique said that Punjab Human Organs Transplantation Authority (PHOTA) had passed recommendations in PHOTA Act, which would be sent to the Department of Law for further scrutiny. The new recommendations were made to control the illegal organ trade.