The advocate of the radiologists, V M Thorat, told a division bench of Justice V M Kanade and Justice Anuja Prabhudessai that despite their acquittal on June 11, 2014, and direction by the Vashi magistrate to remove the seal and return the seized records after the 15-day appeal period, the NMMC has not complied with the order. He argued that even if provisions of Criminal Procedure Code are considered, the 60-days appeal period is over. Thorat also said the only allegation was that there were some irregularities in maintaining of the F form which gives details of a pregnant woman. "There was admittedly no allegation of sex determination. We are unable to continue with our profession for the last three years," said Thorat.
During a drive on August 6, 2011, NMMC found discrepancies at 14 centres. Two cases resulted in conviction of the proprietors. The 12 radiologists, whose registration was also suspended, had moved the HC earlier but were asked to face trial.
The judges said the Act was enacted to curtail sex determination, which has resulted in many cases of female foeticide and that data in various states show unequal sex ratio between boys and girls. They said considering the misuse of sex determination tests, the Supreme Court had issued directions and the NMMC's drive appeared to be on account of it.
The judges said in the present cases, the magistrate had noted that the NMMC had failed to establish procedural irregularities. They said some irregularities included not displaying registration certificate or keeping a copy of the Act in the sonography room. Also, there is no allegation that the petitioners had advertised they could determine the sex of a child. The judges said NMMC has not complied with the magistrate's direction nor filed appeals, except in one case, within the mandatory period. "Respondent no 1 (NMMC) does not have any authority to continue to keep the seal on sonography machines," they said, directing its removal within 8 days. They said sometimes "over-enthusiasm" on part of authorities leads to "knee-jerk" reaction.
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