SUNIL FAKAY Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) The prayer in this writ petition is to revoke the effect of order dated 16th July 2010 passed by the Appropriate Authority under the Pre-Conception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 ['PNDT Act'] pursuant to order dated 23rd September 2010 passed by the Appellate Authority whereby the case had been remanded to the District Appropriate Authority.

(2.) The Petitioner runs a diagnostic centre under the name 'Sunil Fakay Imaging'. On the basis of the complaint of one Shri S.K. Sharma, Secretary, Beti Bachao Samiti, a criminal case was registered against the Petitioner under Section 384 read with Section 34 of the Indian Penal Code, 1860. The allegation against the Petitioner was that it was revealed in a 'sting' operation that he had conducted an ultrasound of the foetus of a pregnant woman (a decoy customer) and disclosed to her the sex of the foetus. An order dated 16th July 2010 was passed by the District Appropriate Authority (Respondent No. 2), cancelling the registration of the Petitioner's diagnostic centre. On the very same day, i.e. 16th July 2010, the Sub-Divisional Magistrate, Model Town (Respondent No. 3) passed an order sealing the Petitioner's clinic. The Petitioner then filed an appeal before the Appellate Authority against the cancellation of his registration. On 23rd September 2010, the Appellate Authority passed an order, setting aside the order dated 16th July 2010 of the District Appropriate Authority. The case was remanded to the District Appropriate Authority to follow the due procedure under the PNDT Act and pass a fresh order within one month.

(3.) Having not received any communication from the District Appropriate Authority for more than a month, the Petitioner filed this petition against the sealing of his clinic and the cancellation of his registration under the PNDT Act.