Doctors Prevented From Inspecting Hospital Under PNDT Act: High Court Directs Punjab Govt To Ensure Act Is Followed 'In Letter And Spirit'

The Punjab & Haryana High Court has directed the Punjab Government to comply with the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994  (PNDT Act) in "its letter and spirit."

The development came after the Court found that a team of doctors was allegedly restrained from inspecting a hospital under the provisions of the PNDT Act and no FIR had been lodged against the accused persons.

Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "it is surprising to note that from the complaint dated 28.11.2017 made by the said team of the Doctors, a prima-facie case for wrongfully restraining the team of Doctors and also restraining them from doing their official duties was made out and both these offences are punishable under Sections 341 and 353 of the Indian Penal Code, 1860 but despite disclosing commission of cognizable offences, the police did not register an FIR."

The law on this point is clear in terms of judgment rendered by the Constitution Bench of Apex Court in Lalita Kumari vs. State of U.P.,  wherein it has been categorically held that once the information/complaint reveals the commission of a cognizable offence, registration of an FIR is mandatory, the bench noted.

It further added that "however, the Constitution Bench of the Apex Court has made certain exceptions to the extent that police can conduct enquiry before registration of FIR but only to ascertain whether cognizable offence has been committed or not especially in complicated offences and special offences etc."

Speaking for the bench, Justice Nagu said, "in the present case, neither the offence was special nor involved moral turpitude/complicated questions of fact, therefore, the police was obliged to register an FIR, which, however, was not done."

The Court was hearing a plea, filed by a trust namely National Anti Crime & Human Rights Protection of India raising public cause with regard to gross violation of the provisions of the PNDT Act.

It was submitted that in 2017 a team of Doctors visited a hospital in Punjab for inspection but the said team was not allowed to enter the premises of the hospital and were not even shown the relevant documents as well as the machines installed therein.

Since the lift was shown to be non-operational, the said team could not reach the first floor of the hospital. As a result, a complaint was made to the concerned Sub Divisional Magistrate on 28.11.2017, by the said team of Doctors that they were prevented from inspecting the hospital and were also illegally detained physically by restraining them from exercising their duties under the provisions of the PNDT Act, the plea stated.

Perusing the reply filed by the State Government, the Court noted that the three FIRs have been lodged against the hospital under provisions of PNDT Act and IPC. However, with respect to the complaint made by the doctors for alleged wrongful restrainment, the matter was closed without lodging any FIR.

The bench further noted that the premises of the hospital had since been sealed.

In light of the above the Court disposed of the plea, with the following directions:

i) State of Punjab is directed to ensure that whenever a complaint is made which reflects commission of cognizable offence, an FIR ought to be registered in terms of the law laid down by the Apex Court in Lalita Kumari's case (supra).

ii) The provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 be followed in its letter and spirit.

Title: National Anti Crime and Human Rights Protection of India v. State of Punjab and others.

Ms. Molly A.Lakhanpal, Advocate, for the petitioner.

Mr. Saurav Khurana, Addl. Advocate General, Punjab.

Mr. Naveen S.Bhardwaj, Addl. Advocate General, Haryana. Mr. Arun Kumar, Advocate for

Mr. Suvir Sidhu, Advocate, for respondent No.15.

2024 LiveLaw (PH) 187

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