Ayaan's death: HC rejects DGHS report, orders fresh probe
The court orders probe report in 30 days, forms a five-member probe body
The High Court has rejected the Directorate General of Health Service (DGHS) probe report on the death of five-year-old Ayaan Ahmed at the United Medical College and Hospital.
"A new committee formed to probe the incident must submit its report within the next 30 days," an HC bench comprising Justice Mustafa Zaman Islam and Justice Md Abdullah passed the ruling today.
"We are not satisfied with the report submitted by the committee of the health directorate. Therefore, we are forming a new committee of five members," the court said.
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The committee – comprising three doctors, two representatives from civil society, and one university professor - will investigate whether the physicians concerned were negligent, and determine who is responsible for the child's death.
Dr ABM Maksudul Alam, a professor at Shaheed Suhrawardy Medical College and Hospital, was made the committee chairman, according to court sources.
Earlier on 28 January, DGHS Deputy Director Dr Porimol Kumar Pal submitted a 15-page probe report to the court.
The report states that Ayaan suffered from childhood asthma. He was given a nebuliser and inhaler for his breathing problems in the waiting room before the circumcision. The matter was not informed to the doctors.
During the first hearing held on 29 January, the HC in its observation said the DGHS report was an attempt to avoid accountability, and called it an "eyewash" and "ridiculous".
The report said anaesthetic injections used on Ayaan before surgery could have caused severe allergic reactions and led to contractions in the airways or the muscles.
Referring to this point, the court remarked that Ayaan's operation should not have taken place. "What was the rush that operation had to take place on that day? What would be the harm in delaying it for a few days?"
The HC also said, "Even a coronary artery bypass surgery does not require so much medication as used during the circumcision of baby Ayaan."
ABM Shahjahan Akand Masum, who represented the petitioner, sought a re-investigation into Ayaan's death saying the DGHS report was "manipulated".
On 22 January, the HC ordered the DGHS director general to submit a probe report on the death of Ayaan on 25 January.
Before that, the court issued a rule asking why Ayaan's family would not be compensated Tk5 crore for the death of their child.
Ayaan's father Shamim Ahmed has filed a case against United Hospital and United Medical College Hospital, its two doctors, unnamed directors, employees, and staff over the death of his son.
Ayaan was first admitted to the United Medical for the circumcision surgery and was later transferred to United Hospital where he was declared dead.
