Chief Justice Mian Saqib Nisar said on Wednesday that the apex court cannot force the Parliament to make legislation but can point out flaws in any law. A three-judge bench of the apex court while hearing a suo motu case regarding illegal transplant of kidney observed that illegal transplant of kidneys is a great menace and those involved in the dirty business are "not human beings but wolfs."
The Chief Justice questioned as to what effective measures could be taken to eliminate this cancer [illegal kidney transplant]. To this, Professor Dr Mirza Naqi Zafar of Sindh Institute of Urology and Transplant (SIUT) informed the court that surgery of illegal kidney transplant takes place in hidden areas. He said that there is no authority either at national or regional level that could curb this practice due to which the menace is still being practised by mafias.
However, additional attorney general for Pakistan contended there are such authorities in Punjab and Khyber Pakhtunkhwa, but Dr Naqi contended that such powerless authorities are of no use. The Chief Justice asked Dr Naqi Zafar as to whether he has examined the federal and provincial laws pertaining to kidney transplant. "If the laws are available then there is no need for further legislation but such laws have to be implemented in true letter and in spirit," said the Chief Justice.
Dr Naqi said that the country still yet to go a long way to curb the menace of illegal kidney transplant and there is a need to create awareness among people about organ donation, adding some people thinks that human organs cannot be transferred. The Chief Justice said that it is necessary to know which organs can be transplanted. Dr Naqi said that still there are people who want to donate their organs.
Meanwhile, the Chief Justice asked Dr Naqi to submit recommendations for curbing process of illegal transplant of kidney by March 15 with the ruling that next hearing will be held on March 17 at apex court's Karachi registry.