The court noted that Additional Director Health Service and appropriate authority of the state government has already pointed out that in some cases even if flimsy mistakes were committed by doctors, the local authorities are sealing machines and prosecuting them.
"It is also recognised that this kind of action amounts to harassment of medical practitioners", said Justice A V Nirgude while allowing a petition filed by the doctor couple.
"In my earlier orders I have very specifically opined that since the provisions of this Act are very strict, the appropriate authority before taking action against the medical practitioner must act meticulously", the judge said.
Dr Alka Gite and Dr Anant Gite, who were running a clinic at Parli Vaijnath in Beed, were charged with offences under Sections 23(1), 25 and 29 of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act.
On 16th June, 2011, the appropriate authority of Parli Vaijnath, appointed under the provisions of the Act, visited the clinic, inspected the record and found that the doctors had not filled up Form 'F' of the patients which is mandatory.
A panchnama was recorded, "incomplete" forms 'F' were seized and two sonography machines installed at the clinic were sealed. A notice was also sent to the doctors to show cause why action should not be taken against them.
The petitioners replied that they had completely filled up form 'F' of the patients and had not contravened any provision under the Act. The authorities then filed a complaint before Judicial Magistrate First Class, who is now recording evidence before framing charge. (More)
