“Another relief to Doctors under PCPNDT Act, against delayed and high handed action of AA”
Hon. Rajasthan High Court dismissed the Petition of State of Rajasthan, as the Original Complaint itself was time barred and the allegations leveled were not of Sex Determination, but were relating to deficiencies in F Forms etc..,
State of Rajasthan V/s. Dr. Kailsh Chandra Jain.
Cri. Rev. Appl. No.984/2013
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Facts in short:
1. The AA Team in its complaint averred that on 29.06.2007 it inspected sonography center of the accused Doctor and found irregularities punishable under various Sections of the PCPNDT Act, but filed a complaint on 15.03.2011. Ld. Trial Court took the cognizance of complaint on 24/03/2011.
2. Being aggrieved by the said order the Doctor-accused approached the Sessions Court and Sessions Court quashed and set aside the order, as the complaint itself was TIME BARRED. Thus the State approached the High Court.
1. The Hon. Rajasthan High Court dismissed the Case of State & observed that the prosecuting agency is required to act promptly in such matters and cannot be given latitude for the delay in launching the prosecution.
2. It was also observed that no allegation against the accused-respondent Doctor were made that his sonography centre was involved in determination of sex of foetus.
3.The High Court expressed its concern over the apathy shown by the Authority by observing that strangely when the inspection was carried out in the year 2007, then why promptness was not shown in launching prosecution against the Doctor for so-called violation of provisions of the Act and the Rules in displaying certain advertisements on the walls of center, deficiencies in Form ‘F’ regarding registration number as well as serious omission in not displaying a board under the caption “Disclosure of Sex of a Foetus is Prohibited under the Law”, in the backdrop of aims and objects of the PCPNDT Act.
4.It was further observed that undeniably, the inspection was carried out on 29.06.2007 and the above-quoted infirmities in the sonography center were noticed by the Chief Medical and Health Officer but no endeavor was made to launch prosecution against the Doctor within three years i.e.the period of limitation.
5. The Court further showed its displeasure by observing that why no reasons are assigned in the complaint itself about the delay and for seeking an extension of the period of limitation. No sincere endeavor was made by the prosecution to explain the delay and seek an extension of time and the alleged reasons for procedural delay are jejune !!
6. Lastly, it was observed that the authorized officer concerned in the matter has shown total callousness and apathy in the discharge of his duties by laying complaint 9 months after expiry of the period of limitation for such a serious offense.
7. Very important judgment under PCPNDT Act. The culprits under genuine cases should be behind bars. But this Act has made Genuine Doctors refraining themselves from practicing Sonography and ultimately the general public is the sufferer… May this vicious circle comes to an end asap!
The Aim and object of PCPNDT Act to prohibit sex determination of fetus can be achieved only when the Society at large changes its mindset and comes out of the medieval belief of “Vansh ka Chirag” can only be boys…..
Thanks and Regards
Adv. Rohit Erande