HAJI A ABDUL RAFEEQ Vs. STATE OF KERALA

JUDGEMENT

(1.) The first petitioner is the managing trustee of a charitable trust which is running a hospital registered under the Pre Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994(hereinafter referred to as PC & PNDT Act). The second and third petitioners are the doctors employed in that hospital. The hospital had installed and used scanning machine and Echo-Cardiogram machine for conducting various tests the patients on the strength of the certificate issued under the above Act, which had validity upto 4/5/2017. Before the expiry of the period of above certificate, an application in Form A was submitted by the hospital on 4/4/2017 for its renewal. While so, an inspection was conducted in the hospital by the District RCH officer on 30/5/2017. He reported that he noticed several violations under the Act. Based on the report, third respondent who is the appropriate authority under the said Act issued a notice in writing to the hospital directing them to stop the pre-natal test. The above direction was received by the hospital on 3/7/2017. Reply was sent by the hospital on 6/7/2017 clarifying that the due to certain difficulties regarding the maintenance of records, it could not be properly maintained and apologized for the violation.

(2.) Inspection was again conducted by the third respondent in her capacity as the appropriate authority under the PC & PNDT Act. She noticed violations under sections 23(1) and 25 of the Act. Following are the important violations alleged in the occurrence report filed before the Magistrate court.

(3.) Occurrence report dated 17/8/2017 is produced along with Crl.M.C. as Annexure A1. Annexure A2 is the complaint MP No. 5128/2017 filed before the Judicial First Class Magistrate, Chavakkad alleging offences punishable under sections 23 (1), 23 (3) read with sections 4 (3) and 25 of the PC and PNDT Act.