Mehak v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 06.11.2023 MEHAK ....Petitioner

Versus

STATE OF HARYANA

...Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Bipan Ghai, Sr. Advocate with Mr. Sahdev, Advocate for the petitioner.

Mr. A.K. Sehrawat, DAG, Haryana.

PANKAJ JAIN, J. (ORAL) On 06.07.2023 the following order was passed :- "Apprehending her arrest in FIR No. 221 dated 13.6.2023 for offences punishable under Sections 3, 4, 5 MTP Act and Section 120-B, IPC, 1860 registered at Police Station Pundri, District Kaithal, the petitioner has preferred this petition under Section 438 Cr.P.C seeking pre-arrest bail.

Learned counsel for the petitioner inter alia contends that condition of the fetus as well as the mother is evident from the ultra sound report dated 10.06.2023. The mother was brought to the nursing home wherein the petitioner was working as Gynaecologist being a qualified Ayurveda Dhanwantri (M.SAyurveda) Prasooti Tantra and Streeroga degree holder. The condition of the mother as well as the fetus was fully documented and thus, it will not be a case wherein the pregnancy was terminated illegally. Reliance has been placed upon communication dated 30.03.2017 whereby the Government of India has issued clarification regarding conducting of deliveries

by RAMS doctors in the following terms:

"(a) Under Section 2(e) of IMCC Act, 1970, "Indian Medicine means the system of Indian Medicine commonly known as Ashtang Ayurveda, Siddha, Unani Tibb or Sowa-Rigpa whether supplemented or not by such modern advances as the Central Council may declare by notification from time to time The definition of Ashtang Ayurveda includes the Stri Roga and Prasuti Tantra.

(b) The subject Stri Roga and Prasuti Tantra is being taught to the students during their graduation in Indian Systems of Medicine.

(c) Moreover, the CCIM with the approval of Government of India has also been conducting 3 years PG degree course in the subject of Stri Roga and Prasuti Tantra.

(d) The rights of persons possessing qualification included in 2nd, 3rd and 4th schedule have been protected under section 17 of the IMCC Act,1970, (e) As per the Indian Medicine Central Council Post Graduate Ayurveda Education regulations, 2012. The aims of the post graduate degree courses shall be to provide orientation of specialties and super specialties of Ayurveda and to produce experts and specialists who can be competent and efficient teachers physicians, surgeons, obstetricians and gynecologist (Stri Roga and Prasuti Tantrogya) pharmaceutical experts, researchers and profound scholars in various field of specialization in Ayurveda.

(f) The Ministry of Health and Family Welfare, Government of India vide OM No. M 12015/42/2005- MCH dated 19.02.2014 has permitted the Ayurveda and Homoeopathy posted

at Government facilities to conduct deliveries and provide basic treatment for complications before referral.

(g) The Ministry also permitted these Doctors for prescribing allopathic drugs for conducting normal deliveries including initial and basic management of complications before referral and can prescribe all those drugs permitted to ANMS and SNS after SBA training.

In view of the legal provisions narrated above, the syllabus and curriculum of Ayurveda at UG and PG level as well as the office orders issued by the Ministry of Health and Family Welfare MH division it is evident that the doctors possessing qualification included in 2nd 3rd and 4th schedule of the IMCC Act, 1970 are entitled to perform deliveries of pregnant women. This issued with the approval of Secretary (AYUSH)."

    



  



  

 



  !



 

 !

 "#

 $     !   

    !

    

 "#

   $

#

   $%&  '  

      "#

   $'



$



  !

    

 

  ##



%%
( $

) #   &    

   % & 



 

#



!

  

 



# 

   

&  

 * $%+ '

     $ 







   !

# !



 # % ,   # % -%)  .

 /*)%' $  !

   

    % &

#

 # '



     '



  

   

 

# 0   

      

$     

 



    

 *    1

 2 &  

1

 %* !

  '



  

0

  

%



  $

  # 

     34
5 

%%% +# 
6%7%

%8 2.

Today, Ld. State Counsel on instructions from ASI Sukhbir Singh submits that the petitioner has already joined investigation and is no more required for custodial interrogation.

3.

Without commenting on the merits of the case and in view of the aforesaid fact, order dated 06.07.2023 is made absolute, subject to the conditions as enumerated under Sections 438(2) Cr.P.C. 4.

This order should not be treated as "blanket" order. It will not be read granting the petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 5.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.

6.

The petitioner shall be deemed to be in custody for the purpose of Section 27 of the Evidence Act in regard to a discovery of facts made in pursuance of information supplied by the petitioner in case the occasion arises.

7.

It will be open to the police or the investigating agency to move this Court for a direction under Section 439(2) Cr.P.C. to arrest the accused, in the event of violation of any term, such as absconding, non-

cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. 8.

Petition stands disposed off accordingly.

November 06, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No