Punjab and Haryana HC denies anticipatory bail to PNDT clerk accused in bribery case

The case has highlighted serious allegations of
corruption and complicity in promoting gender bias. The clerk’s actions are
being scrutinized as they undermine the efforts to prevent gender-based
discrimination and ensure the effective implementation of the PNDT Act, which
aims to curb sex-selective practices and uphold gender equality.  

The case revolves around allegations that a clerk
demanded a bribe from a doctor to settle a notice related to the PNDT Act. A
doctor who was running an Imaging and Diagnostic Centre at
Barsat Road, Panipat complained that in the year 2023, a Nodal Officer PNDT and a
dealing clerk of the Civil Hospital, Panipat had checked F-Forms (patient forms) in
their centre and they issued him notice by deliberately creating errors with
the intention for taking bribe.

When the complainant met the doctor and the clerk, they
demanded Rs. 3,00,000/- bribe money and threatened the complainant that if the bribe amount was not paid, then they would falsely implicate him (complainant) in
PC & PNDT cases. However, the complainant approached the police and set a
trap to catch the offenders who agreed to settle the matter with Rs 2,00,00 red-handed. The prosecution presented substantial evidence,
including recorded conversations, that implicated the clerk in the bribery scheme.
Additionally, the recovery of the bribe money further corroborated the charges
against him.

Upon reviewing the evidence and the serious nature
of the allegations, the Court concluded that the clerk’s involvement in the
bribery scandal justified the denial of anticipatory bail. The Bench emphasized
his extensive communication with Dr Kumar and the recovery of the bribe
as strong evidence supporting the accusations. The court also stated
that the
petitioner’s job was to keep an eye on the clinics that had licenses to conduct
ultrasound, and such machines were under the provisions of the PNDT Act.

While denying bail to the complainant, the bench
comprising Justice Anoop Chitkara stated, “Those who, for
their small monetary gains misuse such sensitive positions, not only betray the
trust the system has reposed in them, being on such responsible and powerful
positions but also fail the society, making their conduct highly unethical,
immoral and reducing them to the status of lowest kinds of human beings.

Furthermore, the Court underscored the broader
societal impact of gender bias, highlighting statistics on the
declining female-to-male ratio in India and Haryana. The Bench noted the
prevalence of son preference and its harmful effects on gender equality, urging
vigorous efforts to combat gender bias and promote social justice.

“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. When officials at such responsible,
sensitive, powerful positions, instead of proudly shouldering their
responsibilities, pawn off their morals, their honour, their duties; for
illegal financial gains, the society needs to get alarmed. Protecting the life
of our future generation is not only one of the most fundamental duties of the
legal system but also of the world at large and such a pivotal constitutional
duty cannot be callously brushed away, as it is our dignity itself, which is at
stake,” stated the order. 

The court has expressed genuine concern over such incidences where offenders blackmail these unethical
people and doctors and further extract and extort massive amounts of money. Instead of
checking and putting an end to such practices and unethical practitioners
and such gangs, who are extorting money from those doctors who agree to disclose
gender and pregnancy status under pressure or because of the greed for money,
certain corrupt employees at such highly sensitive and noble posts, very
lightly, shrug off their principal duties.

To view the order, click the link below: