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: