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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Chief Justice’s Court
Case :- MISC. BENCH No. – 7668 of 2014
Petitioner :- Gopal Chandra Gupta
Respondent :- State Of U.P. Thru. Prin. Secy. Medical & Health & 3 Ors.
Counsel for Petitioner :- B.P. Nigam
Counsel for Respondent :- C.S.C.
Hon’ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon’ble Devendra Kumar Upadhyaya,J.
We direct the Chief Medical Officer, respondent no.3 to file his personal affidavit explaining why has he not taken steps to comply with the several directions which have been issued by the Supreme Court and by this Court, inter-alia, in Rajesh Kumar Srivastava Vs. A.P. Verma [Contempt Application (Civil) No. 820 of 2002] where it was directed as follows:
“The Chief Secretary and the Principal Secretary (Medical Health) are directed to comply with the orders passed by the Court, prohibiting the unauthorized, unregistered and unqualified persons, to practice modern medicine.
The Chief Medical Officers and the District Magistrates of the State are also directed to carry out raids and prohibit such persons from practicing medicine. The Court also directs that where it is found that the persons having no qualification at all, or that the persons having qualifications in different fields, such as Homeopathy, Unani, Ayurved, Siddha, Tibbi etc are practicing modern medicines by prescribing drugs and carrying out surgeries/operations, the Chief Medical Officers and District Magistrates will immediately initiate prosecution against such persons by lodging FIR. They will also seal such clinics/nursing homes.
The District Magistrates and the Chief Medical Officers, are also directed to carry out inspection of diagnostic centres, running in their districts for compliance of the provisions of PC and PNDT Act. Those persons who are running the ultra sound machine and the nursing homes for sex determination should be sternly dealt with under the provisions of the Act. They will also liable for prosecution and also sealing of their machines and clinics.”
The affidavit shall be filed within a period of four weeks from today.
List this case on 18 September 2014 as fresh.
Order Date :- 21.8.2014
(Dr. D.Y. Chandrachud, C.J.)
(D.K. Upadhyaya, J.)���
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