IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
D.B. PUBLIC INTEREST LITIGATION PETITION NO.3270/2012
HON’BLE THE ACTING CHIEF JUSTICE MR. SUNIL AMBWANI
HON’BLE MR. JUSTICE J.K. RANKA
Mr.Tanveer Ahmed for the petitioner.
Mr.B.S.Chhaba, Assistant Solicitor General with
Ms.Vandana Sharma for the Union of India.
In compliance of the orders passed by this Court, in the matter
of securing compliance of the provisions of the Pre Conception and
Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Act,
1994 (for short, hereafter referred to as ‘PCPNDT Act’), the reports
have been submitted regularly by the Registrar General of the Court,
regarding the progress of the trials pending under the provisions of
the PCPNDT Act and other corresponding provisions of law. The last
report, in continuation of the previous reports, received from the
PCPNDT Courts at Ajmer, Bharatpur, Bikaner, Jaipur Metropolitan,
Jodhpur Metropolitan, Kota and Udaipur, was submitted on
The reports submitted so far would show that almost all the
cases are pending at the stage of framing or arguments on framing
charge, and in more than 50% cases, there is an interim order,
either in Criminal Revision by the District Judge, or by the High
Court, staying the proceedings of the cases. For Bikaner, in all the 15
prosecutions pending at the stage of arguments, or charges, or precharge,
there is a stay on further proceedings by the High Court. In
respect of other districts, where the High Court has decided the
cases, and has directed the trial to be concluded within six months,
the files, which were summoned by the High Court, have not been
sent back to the trial courts. The cases at Jodhpur are being
adjourned on account of pendency of revisions in the district courts
or in the High Court, awaiting the orders.
The reports submitted by the Registrar General of the Court
demonstrate that the progress in almost all the cases, has been
blocked by the superior courts at various stages. We may reiterate
that not a single conviction has been secured in the State of
Rajasthan for violating the provision of the PCPNDT Act, which
appears to be one of the reasons for the violation of law, enacted
after a long struggle by the social activists in the country, against
sex selection and for preventing female foeticide.
We are pained to observe that despite the order dated
16.9.2014, the counsel appearing for the petitioner, has not
examined the records of the PCPNDT Act cases, for which we had
given special permission to them, to find out the deficiencies in the
reporting, Investigation and prosecution, which may be an
impediment in enforcement of the Act.
In order to expedite the trials for violation of PCPNDT Act,
1994, we issue following directions:-
1. Learned counsels appearing for the petitioner, will take out
inspections of the files, and submit report on the
deficiencies in reportage, investigation, framing of charges
and prosecution within a period of one month. The
Member-Secretary, Rajasthan State Legal Services Authority
is directed to organize special workshops for the special
courts entrusted with the trial of offences under the PCPNDT
Act to acquaint them with the provisions of the Act, and the
decisions rendered across the country for deciding the cases.
A copy of this order will be sent to the Member-Secretary of
the Rajasthan State Legal Services Authority to carry out the
2. In order to expedite the trial under the PCPNDT Act cases,
we direct the Registrar General of the Court to list all the
criminal cases, including applications under Section 482
Cr.P.C., criminal revisions, or criminal appeals, pending
against the trials under the PCPNDT Act, expeditiously, before
appropriate Benches within a period of two months. A copy of
this order will be placed in the file of each of such cases.
3. We also direct the District & Sessions Judges and the
Additional District & Sessions Judges, where the Criminal
Revisions against the trials are pending and proceedings of
trial have been stayed, to expedite the revisions, and to
decide them, as far as possible within three months.
4. The Special Magistrates, entrusted with the trials of the
PCPNDT Act cases, will expedite the trial, and will conclude
them, as far as possible within six months. They will not
adjourn the cases unnecessarily, and will not await the
orders, where there are no interim orders passed in the
criminal revisions, or applications under Section 482 Cr.P.C.
The Registrar General of the Court is directed to remit all the
records of the PCPNDT cases, where the Criminal Appeals,
Criminal Revisions and Miscellaneous Applications under
Section 482 Cr.P.C., have been disposed of by the High
Court, to the concerned courts.
We make it clear that any delay in deciding the cases, at any
stage, will be taken seriously by the High Court.
Learned counsel appearing for the Union of India is also given
the same liberty to inspect the records of the PCPNDT Act Cases, and
suggest measures to remove the defects to expedite the trials.
List the writ petition again on 04.02.2015.
(J.K. RANKA),J. (SUNIL AMBWANI),ACTG.CJ.
Skant/-, Proof Reader
All the corrections made in the judgment/order have been incorporated
in the judgment/order being emailed.
Shashi Kant Gaur,