Jutice G S Sistani of the Delhi [Images] high court, who heard civil petition 5973/2008 of Dr Kunal Saha vs M Sujata Rao and others, asked the petitioner to convert the case of fake AIDS kits into a public interest litigation so that a larger bench could hear the matter and take a decision.

The petition was filed Dr Kunal Saha, professor, HIV AIDS Research Laboartory Columbus, Ohio, US, who alleged that the AIDS kits used in India were fake. Justice Sistani expressed deep concern about public health while hearing the case on Wednesday morning.

Since the issue involved larger public interest litigation, the matter should be heard by Division Bench to decide on this issue of public interest and Indian citzens must be protected against HIV/AIDS, he said.

He has fixed August 27, 2008, for a division bench to decide on this important public interest litigation.

"The historic writ petition was filed against NACO and its Director K Sujata Rao for their devious role to suppress the allegations against use of sub-standard HIV kits during the second national AIDS control project (NACP-2) potentially causing danger of transmission of the deadly AIDS virus to the unsuspecting patients through contaminated blood transfusion. I was a member of the World Bank team (as a medical consultant) that investigated complaints against bogus HIV kits in India during the NACP-2. The World Bank published a final report last January showing rampant fraud and corruption with the HIV kits during the NACP-2.

Instead of taking appropriate corrective measures against the persons responsible for supply of defective HIV kits, NACO initiated personal attacks against me. NACO also misrepresented the name of US Center for Disease Control to suppress the evidence of spurious HIV kits. This writ petition has sought a full CBI investigation of NACO and possible transmission of HIV to ordinary Indian citizens as a result of use of sub-standard HIV kits during the NACP-2," the petition said.

The petition was filed by former journalist and advocat R Venkataraman and senior counsel M N Krishnamani.