Delhi High Court - Orders
Manoj Krishan Ahuja vs State Of Nct Of Delhi & Anr on 28 March, 2024
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1352/2023
MANOJ KRISHAN AHUJA ..... Petitioner
Through: None.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Manoj Pant, APP for the State.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 28.03.2024
1. This Court vide judgment dated 24.04.2023 directed the following:
"...A copy of this judgment be forwarded by the Registry to the learned Trial Court for information. A copy be also forwarded to (i) Ministry of Law and Justice, Government of India, (ii) Ministry of Health and Family Welfare, Government of India, (iii) Department of Health and Family Welfare, Government of NCT of Delhi, (iv) Commissioner of Police, Delhi, and (v) Director (Academics), Delhi Judicial Academy, for information and compliance..."
2. Pursuant to the judgment dated 24.04.2024, a compliance report dated 30.10.2023 was filed by Delhi State Legal Services Authority.
3. On 05.03.2024, the Union of India has also filed affidavit of compliance. The relevant portion of the same reads as under:
"1. That, the Hon'ble high court has issued some direction vide said order. Whereon, in compliance of the said order the MoH&FW has conducted and continuing to conduct orientation programs and periodically have review meetings with States/UTs.
2. That the MoH&FW has also organized a two-day National This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2024 at 20:36:44 Capacity Building Workshop on 5th & 6th July, 2023 for Appropriate Authorities and PNDT Nodal Officers of States/UTs. And a one-day Training of Trainers (TOT) program on 7th July, 2023 for trainers from all the States/UTs. The copy of the communication in regard to Capacity Building Workshop and TOT is annexed herewith as Annexure R1 -1.
3. That, it is imperative to mention here that in the year 2023-24, the MoH&FW has provided support for capacity building and training workshops for District Appropriate Authorities and PNDT Nodal Officers in various States including Bihar, Rajasthan, Maharashtra, Madhya Pradesh, Odisha, Uttar Pradesh, Punjab, Haryana, Chhattisgarh, Kerala, Himachal Pradesh, Chandigarh, Jammu and Kashmir, Jharkhand and Telangana. The copy of the letter/ communication with various state government in this regard are annexed herewith as Annexure R1-2.
4. That, in 15th Conference of Central Council of Health and Family Welfare (Swasthya Chintan Shivir) held on 14th & 15th July 2023 under the chairpersonship of Hon'ble Minister of Health & Family Welfare in Uttrakhand, wherein, the implementation of PC&PNDT Act and related subjects was one of the agenda points discussed with the Health Ministers other stakeholders who participated from various States/UTs. The copy of the record of discussions of the 15th conference of Central Council of Health and Family Welfare is annexed herewith as Annexure-R1-3.
5. That, the programs related to orientation and sensitization of Judicial Officers and Public Prosecutors with regard to the PC&PNDT Act is conducted regularly through National Judicial Academies and State Judicial Academies in partnership with the respective Health Departments.
4. Another compliance report was filed on behalf of Delhi Police, wherein it has been mentioned as under:
"2. Pursuant to the directions passed in the captioned matter vide judgment dated 24.04.2023, passed in aforementioned matter, Delhi Police had issued the guidelines/directions with regard to cases related to implementation of PC&NDT Act to field formations for meticulous compliance vide letter dated 23.05.2023 (Annexure-A).
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2024 at 20:36:44
3. Further, Delhi Police Academy had also been directed to incorporate the subject matter in training curriculum of Delhi Police and further directed to conduct workshops in this regard for investigating officers vide letter dated 25.05.2023 (Annexure-B).
4. That in compliance of the directions passed in the above mentioned judgments/orders by the Hon'ble Court, DCsP/Districts & Investigating Units including Delhi Police Academy had collectively conducted 73 Training Programme for Police Officials till date. 3850 Police Officials have attended these training programmes. Further, Delhi Police Academy has incorporated the directions/guidelines in the training curriculum designed for investigating officers.
5. That apart from training conducted by Delhi Police Academy, district wise training was also conducted. The District-Wise details of training programme are attached herewith at (Annexure- C)."
5. Today, the compliance report was filed by learned State Programme Officer, PC & PNDT, Office of State Appropriate Authority, PC&PNDT Directorate of Family Welfare, Govt. of NCT of Delhi. The relevant portion of the same reads as under:
"..3. The appropriate authorities and their officials have been regularly updated and powers during various meetings/training/ workshop at the level of State an District as mandated in PC&PNDT Act and Rules. The department will further ensure that the same complied by other stake holders by conducting regular meetings with the appropriate Authority.
4. The training and sensitization is an important aspect for the Implementation of PC& PNDT Act. The department has been continuously conducting such training and sensitization at state level for ail the stake holders i.e. members of the Appropriate Authorities and Advisory Committee under PC&PNDT Act, State Supervisory Board Members, Nodal PNDT, SDM, investigation Officer, Lawyers etc. The department has training in the past during 30.04.2022, 27th - 29th October, 2020 and 26.07.2019, the department will further strengthen the knowledge of stake holders by conducting sue trainings in future also.
5&6. As per the provisions of the PC& PNDT Act a display board This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2024 at 20:36:45 is mandatory to be displayed at all the center registered under PC& PNDT Act having the details of the concerned district appropriate authority where to be contacted in case of any complaint. The department has also published the details of the appropriate authorities in the leading newspaper for the information to the general public in the period 17.12.2017.
The details of the Appropriate authorities under PC& PNDT have also been uploaded on the website of Health and Family Welfare, GNCT of Delhi.
The department is in the process of developing a dedicated website for PC& PNDT for online procedure to be adopted there. Further Govt. of India Ministry of Health and Family Welfare is also considering of having a centralized portal In this regard.
7. The department in coordination with Delhi State Legal Service authority awareness programme on PC& PNDT Act in the past and is in coordination with DSLSA for conducting such awareness campaign In future.
8. The department has also conducted training / workshop at the law schools, collages under Delhi university and IP university for creating awareness among the students so as to further create awareness in the society..."
6. Having perused the contents of the compliance reports filed before this Court, this Court is of the opinion that the concerned authorities have complied with the directions of this Court in its letter and spirit.
7. In view thereof, the matter is disposed of as necessary compliance has been done.
8. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J MARCH 28, 2024/zp Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2024 at 20:36:45