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Dr.Kunal Saha, M.D., Ph.D.


Bogus HIV kits: A historic case filed against NACO

Columbus, OH, Aug. 03, 2008
Dr.Kunal Saha, M.D., Ph.D.

A historic lawsuit was filed on August 2, 2008 at the Delhi High Court against the National AIDS Control Organization (NACO) for their devious role with sub-standard HIV kits that were used in different Indian hospitals/blood banks during the second national AIDS control project (NACP-2) between 1999 and 2006. A copy of the writ petition is attached herewith for your reference. This writ petition (Diary No. 112454/2008) against Ms. Sujata Rao, NACO director, and secretary of Ministry of Health has outlined the deliberate attempts by the NACO leaders to suppress the World Bank findings of poor quality HIV kits which posed serious danger of transmitting HIV to the unsuspecting patients through tainted blood transfusion. The writ petition also underscores the blatant personal attacks against me to silence my criticism (as a member of the World Bank team) of the spurious kits used during the NACP-2. Five principal areas seeking justice that have been highlighted in this public interest litigation (PIL) are:

  • To direct for a CBI investigation of the sub-standard HIV kits from different manufacturers (as reported by the World Bank) that were used during NACP-2.
  • To take appropriate action against the deliberate attempt by NACO to suppress the allegations of defective HIV kits during the NACP-2.
  • To take appropriate action for the false claim made by NACO that the US Center for Disease Control (CDC) verified the standard of the HIV kits used during the NACP-2.
  • To retract the slanderous and baseless personal attacks (made through a press release on 14th December, 2007 by the Ministry of Health) against the me because only because I was a member (medical consultant) of the World Bank team that investigated and found evidence of bogus HIV kits during the NACP-2.
  • To consider the World Bank report (published in January, 2008) in its true perspective and make every effort to identify and provide necessary help and compensation for the patients who might have contracted HIV/AIDS as a result of use of sub-standard HIV kits in India.
  • Despite a reported decline of HIV patients in the recent years, AIDS has remained as a major threat to the public health in India. The World Bank investigation report has categorically shown that rampant fraud and corruption were part and parcel of the AIDS control programs during the NACP-2. Reports of innocent patients falling victims to AIDS after receiving blood transfusion also appear frequently in the news in India lending further credence to the findings of poor quality HIV kits by the World Bank.

This writ petition is likely to have far reaching consequences in unraveling the corruption involved with the procurement and supply of HIV test kits in India. This could also have important significance on the standard of HIV kits used in India in the future. Please contact my attorney Mr. R. Venkataraman (Tel: 98100-90030) for information and senior advocate Mr. M.N. Krishmanani (Tel: 98110-65316) who would argue the case when it comes up for hearing in the next few days. You can also contact the office of People for Better Treatment (PBT) (Tel: 98317-83120 or 94323-54586), a registered, charitable society dedicated to fight medical negligence in India.

PBT was established after my wife and a child psychologist (Anuradha Saha) died at an age of only 36, from reckless medical negligence by several eminent Kolkata doctors during a social visit to India in 1998. A criminal appeal (two senior doctors were already convicted and sentenced for rigorous imprisonment in by the trial court in 2002 for the first time in Indian history) and a separate civil appeal (for compensation of Rs. 144 crore, highest in Indian medical history and which would be donated, if and when I win, entirely for promotion of healthcare in India) are presently pending before the Supreme Court of India for final adjudication.

Also, feel free to contact me in the US at the numbers below if you have any further questions.





NRI, Dr. Saha filed three cases against the doctors, who were responsible for his wife’s death

Kunal Saha, M.D., Ph.D.
Asst Professor
College of Medicine and Public Health
Pediatrics - Molecular Medicine
Children's Hospital Research

  • Compensation claim of Rs.777 million
  • Entire compensation amount would be donated for promotion of health in India
  • Supreme Court admits a Rs.1.43 billion compensation claim by NRI Dr. Kunal - largest medical compensation claim in Indian history
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