A division bench of acting Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala passed the order on a PIL filed by lawyer Girish Das, seeking a CBI probe.
"Present case is an exceptional one where in the history (of our country) 23 innocent children have been infected by HIV," the bench said.
Expressing dissatisfaction over the probe by the state police, the judges said, "The way state agency has conducted investigation, we are compelled to exercise our power to direct the investigation to CBI for the credibility of the probe."
The court directed the CBI to take over the investigation immediately and asked IPS officer Shobha Bhutada, who had conducted the investigations on high court's earlier order, to hand over all the related documents to the central agency.
The court would hear the case again after four weeks to check on the progress.
Last September, 23 children, all suffering from thalassemia, were found to be HIV positive, after they had received blood transfusion at the civil hospital, Junagadh. Thalassmic patients need regular blood transfusions.
The parents alleged that the doctors from the hospital and officials of Sarvodaya Blood Bank, run by the trust headed by local BJP MLA Mahenra Mashru, were responsible for the children getting contaminated blood. (More)
