The Punjab and Haryana High Court, while dismissing a petition seeking anticipatory bail of the petitioner accused under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, [PNDT Act] observed that the Nodal Agencies under the PNDT are supposed to work with the highest standards of morality, with a strong and unshakeable sense of responsibility, and have to be bold enough to work towards curbing female foeticide, which has led to falling female-gender ratio in the North Indian population.
Brief Facts:
The present anticipatory bail application was filed by the petitioner, posted as a Clerk with Nodal Officer Panipat, Haryana, under PNDT Act, apprehending arrest in the FIR under Sections 384, 120-B IPC and Sections 7, 7-A of PC Act, on the allegations that the petitioner in collusion with Dr. Pawan Kumar Nodal officer, demanded a bribe of Rs. 2 lacs from complainant through Vishal Malik of Aadhar Hospital Panipat to settle the notice issued to the complainant doctor under PNDT Act.
Contentions of the Applicant:
The learned counsel appearing on behalf of the petitioner argued that the petitioner is a first offender, and his clean record would justify his anticipatory bail. He further submitted that prosecution itself is doubtful because the inspection was conducted on 24-Aug-2023, and after that, show cause notice was issued on 23-Nov-2023 and in January 2024, the Committee had already taken a decision; therefore, there was no occasion for the complainant to file a complaint on 07-Mar-2024, which shows that it was a result of malaise. Petitioner’s counsel further argued that the show cause notice had already been issued, the complainant’s centre had been closed for one month, nothing had to be done during the inspection, and there was no occasion to demand money. Consequently, the present complaint is a counterblast to settle scores.
Contentions of the Respondent:
The learned counsel appearing on behalf of the state submitted that the accused, Dr Pawan Kumar, Nodal Officer, and Naveen Kumar, who was the dealing Clerk, were the active participants, demanded a bribe from the petitioner, and money was also recovered from their cohorts Vishal Malik and his associate, which prima facia establishes their involvement in this nefarious plot.
Observations of the Court:
The court after considering the material available on record noted that the prosecution has produced the details of a transcript of the recording of negotiations of bribe amount from 2.20 lacs to 2 lacs, wherein the complainant explicitly mentioned that he needs time to pay Rs. Two lacs and stated that there were no reasons for the petitioner to demand Rs 2,00,000 from the complainant, more so when the inspection of the complainant's clinic was the primary purpose of the petitioner and Nodal Officer's employment.
Further, the court after noting that the accused made 90 calls to the doctor stated that these massive calls highlighted his complicity and corroborated the complainant's allegations about the demand for money and its subsequent recovery from the agent, Dr Pawan Kumar, and the petitioner and a perusal of these conversations and the recovery of money from Vishal Malik's hospital through his agent Mr Paras, the prosecution has collected sufficient evidence that prima facie points toward the petitioner's involvement, and he is not entitled to anticipatory bail.
Further, it was observed that through ultrasound scans and amniocentesis, the sex of the foetus can be determined during the pregnancy of the woman and then the foetus is aborted if found to be female there are widespread whisperings of misuse of such ultrasound machines in many areas, for sex determination, which lead to female feticide and the misuse of technology simply reinforces the secondary status given to girl children in such a way that they are culled out even before they are born. Further, it was stated that the harsh, shameful, and repulsive ground reality is a falling female proportion in the population and the studies suggest that in India, men and women across all wealth strata, education groups, castes, tribes, religions, and states have a preference for sons and in the absence of social security or Universal Basic Income, patrilocality and patrilineality are the major reasons for such preference. Female foeticide is perhaps one of the worst forms of violence against women where a woman is denied her most basic and fundamental right i.e. “the right to life”.
Further, it was stated that in a society like ours, many consider males as an asset and females as a liability for the family because of millenniums, deep conditioning of male superiority, which is depicted by 'son preference' amongst the members of our society. Today the globe is witnessing the revolution of not only Information Technology but also artificial intelligence, which has been a great gender leveller for all humans thus those who, for their small monetary gains misuse such sensitive positions, not only betray the trust the system has reposed in them, being in such responsible and powerful positions, but also fail society, making their conduct highly unethical, immoral and reducing them to the status of lowest kinds of human beings.
The decision of the Court:
The court refused to grant anticipatory bail to the petitioner and dismissed the petition.
Case Title: Naveen vs. State of Haryana
Coram: Hon’ble Mr. Justice Anoop Chitkara
Case No.: CRM-M-17876-2024
Advocate for the Applicant: Mr. A.D.S.Sukhija
Advocate for the Respondent: Mr. Vikrant Pamboo
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