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2017 Supreme(Guj) 213
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R. Subhash Reddy and V.M. Pancholi, JJ.
Mahesh Chimanlal Jariwala - Appellants
Vs.
Shilpa Yadav and Ors. - Respondent
Misc. Civil Application (For Contempt) No. 3621 of 2016 in Special Civil Application No. 16489 of 2010 and Civil Application No. 2550 of 2017 in Misc. Civil Application No. 3621 of 2016
Decided On : 14-02-2017
For the Appellant : A.D. Oza
For the Respondents: Nikhilesh J. Shah
Headnote:
Courts Act, 1971 -Sections -10 -12 -Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 -Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 -Section -32 of the Prenatal -Civil Application is filed under sections of the Contempt of Courts Act, 1971 -Seeking prayers which read -Honble Court may be pleased to admit and allow this application -Honble Court may be pleased to initiate proceedings against the opponents under the Contempt of Courts Act for committing willful and deliberate contempt of the order -Passed by the this Honble Court in SCA and further be pleased to punish the respondents for the same -Court with a view to purge the contempt of the order of the Honble Court respondents herein may be directed to comply the order passed by the Honble Court and renew the registration of the application -Pending admission hearing and final disposal of this application, this Honble Court may be pleased to direct the respondents to purge themselves of the contempt by complying the order dated passed by this Honble Court -Honble Court may be pleased to grant any other and further reliefs as the nature and circumstances of the present case may require -petitioner herein is a doctor, practicing as a Consultant Gynecologist -He runs clinics at two different places and such clinics are located at in the city -Petitioner is using machines he has obtained certificate of registration for both the clinics as required under the Pre-conception and Pre-natal Diagnostic Techniques Act hereinafter referred to as PC & PNDT Act for the clinics which he is running, bearing Registration Certificate for Clinic and Registration Certificate for Clinic –Held, -Affidavit in Reply and Further Affidavit filed in the mainCivil Application -Initially the respondent has taken stance that in absence of any directions for renewal of registration certificate issued under the Pre-conception and Pre-natal Diagnostic Techniques -There was no violation of directions issued by this Court. Further, realizing that the said stance is not correct, in Civil Application No., the respondent -Contemner has tendered unconditional apology and sought permission for withdrawal of affidavits filed in the Misc. Civil Application earlier -While offering unconditional apology the respondent has also expressed her regrets for the inconvenience caused and further ensured to implement the orders of this Court whenever directions are issued. Looking at the initial stance of the respondents and in the Affidavit in Reply filed in the application, we have heard the matter, but even before orders are pronounced as the Civil Application is filed by the respondent -Contemner by which unconditional apology is tendered and has withdrawn her stance made in the earlier application and purged the contempt by renewing the registration certificate, we deem appropriate that it is not a fit case to proceed further and to close the proceedings by accepting the unconditional apology, for the delay caused in implementing the directions of this Court -We place on record the proceedings -Certificate of Registration dated bearing Registration in favour of the applicant -We allow Civil Application and consequently dispose of Civil Application -Accepting the unconditional apology tendered by respondent herein -Notices issued to respondents in the Misc. Civil Application hereby stand discharged.
R. Subhash Reddy, J.
1. This Misc. Civil Application is filed under sections 10 and 12 of the Contempt of Courts Act, 1971 seeking prayers which read as under:
"13(A) This Hon'ble Court may be pleased to admit and allow this application.
(B) This Hon'ble Court may be pleased to initiate proceedings against the opponents under the Contempt of Courts Act, 1971 for committing willful and deliberate contempt of the order dated 25.01.2011 passed by the this Hon'ble Court in SCA No. 164 89 of 2010 and further be pleased to punish the respondents for the same;
(C) This Hon'ble Court, with a view to purge the contempt of the order of the Hon'ble Court, the respondents herein may be directed to comply the order passed by the Hon'ble Court and renew the registration of the application;
(D) Pending admission, hearing and final disposal of this application, this Hon'ble Court may be pleased to direct the respondents to purge themselves of the contempt by complying the order dated 25.01.2011 passed by this Hon'ble Court;
(E) This Hon'ble Court may be pleased to grant any other and further reliefs, as the nature and circumstances of the present case may require."
2. The petitioner herein is a doctor, practicing as a Consultant Gynecologist. He runs clinics at two different places and such clinics are located at Bapunagar and Shahibaug in the city of Ahmedabad. As the petitioner is using sonography machines he has obtained certificate of registration for both the clinics as required under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as 'PC & PNDT Act') for the clinics which he is running, bearing Registration Certificate No. 940 for Bapunagar Clinic and Registration Certificate No. 679 for Shahibaug Clinic.
3. During the year 2010, a criminal case was registered against the petitioner on the ground that he had violated the provisions of the PC & PNDT Act and rules made thereunder and he was tried for such offence in Criminal Case No. 1212 of 2010 by the learned Additional Chief Metropolitan Magistrate, Ahmedabad, in which judgment was delivered on 20.05.2014, whereby the petitioner herein was acquitted of such offence and such judgment has become final, as there was no appeal filed against such judgment.
4. Pursuant to registration of crime, during the year 2010, when sonography machine bearing PNDT Registration No. 679 was sealed, he approached this Court by Special Civil Application No. 16489 of 2010. This Court has granted interim relief in terms of paras 8(FF) and 8(G) of the petition, which read as under:
"9(FF) Pending admission hearing and final disposal of the petition be pleased to stay the execution, implementation and operation of the decision taken by the District PNDT Advisory Committee of the respondent No. 1-Authority and also the order/ communication dated 28.12.2010 communicated/passed by the respondent No. 1-authority and further be pleased to allow the petitioner to practice his profession in furtherance of certificate with respect to the registration No. 679 (Ann.: A)"
"(G) Pending admission hearing and final disposal of the petition be pleased to direct respondent authorities to remove the seal applied on the sonography machines and to restore the registration forthwith and further be pleased to allow the petitioner to continue his practice, pursuant to the certificate."
5. By the aforesaid interim directions this Court has not only stayed execution, implementation and operation of the order of the authority dated 28.12.2010, but further directed to allow the petitioner to practice his profession in furtherance of certificate with respect to Registration No. 679. In para 8(G) [sic., 9(G)] of the petition which is also granted, this Court directed the respondent authorities to remove the seal applied on the sonography machine and restore registration forthwith by allowing the petitioner to continue his practice, pursuant to the certificate. It is no
