Only the appropriate authorities notified by the State Government can initiate criminal prosecution against health facilities for violation of provisions of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994, ruled the Karnataka High Court.
Justice M. Nagaprasanna passed the order while quashing a criminal proceeding initiated against Dhondiba Anna Jadhav Memorial Hospital of Gokak in Belagavi district and two medical practitioners for allegedly failing to maintain records as required under the Act.
The taluk health officer, Gopal, after visiting the hospital, had in 2016 lodged a complaint before the judicial magistrate under Section 28 of the Act. The magistrate had taken cognisance of the offence alleged in the complaint.
However, the High Court noted that the Act empowers only those officers, who have been notified as ‘appropriate authorities’ under Section 17 of the Act, are entitled to launch criminal prosecution for violation of provisions of the Act and the rules.
As the government had, in 2011, notified Assistant Commissioners as ‘appropriate authorities’ for the respective sub-divisions of some of the districts, including Belagavi district, the High Court said that only the assistant commissioner is empowered to launch criminal prosecution for violation of provisions of the Act.
The High Court also noted from the Act that there is a bar on the magistrate taking cognisance of an offence except on a complaint lodged by the appropriate authority or an officer authorised on his/her behalf by the government.
Following these observations, the High Court found both the actions — filing of complaint by the taluk health officer and the cognisance taken by the magistrate — cannot be sustained in law.
