The Bombay high court has stayed a Medical Council of India (MCI) order suspending registration of Shubash Singh, an orthopaedic surgeon in Panvel, who was convicted by a trial court under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) (PCPNDT) Act, 1994.
A division bench of justices Abhay Oka and Girish Kulkarni stayed the MCI order saying the sessions court had already stayed Singh's conviction and, hence, it was not fair to suspend his registration pending decision in the appeal.
The judges said: "Order of July 9, 2014, passed by the respondent (MCI) shall remain stayed." They have, however, clarified that if the sessions court were to dismiss Singh's appeal, then MCI's suspension order would come into force immediately. However, if Singh is acquitted by the sessions court, then MCI's order will be set aside.
Singh claims to be a director of Panvel Medical Research Centre, and is said to be managing Peneacea Hospital.
In December 2002, the hospital had bought a sonography machine as it had a gynaecologist on staff. Singh's advocate SC Naidu argued that the gynaecologist was working there till 2005. After that, the hospital only had an orthopaedic department, and hence, since 2006, the sonography machine had become non-functional and non-repairable.
Appropriate authority, as per the PCPNDT Act, and representatives of the tehsildar, Panvel Municipal Council, visited Singh's hospital for inspection. They then submitted a report that Singh had violated the Act's provisions, and lodged a complaint against him.
Judicial magistrate, First Class, at Panvel convicted Singh on December 24, 2013, under the Act's provisions and sentenced him to simple imprisonment for one month and asked him to pay a fine of Rs1,000.
Singh challenged this before the sessions court. He also filed an application seeking suspension of the order of conviction and the sentence. The sessions judge, on January 4, 2014, suspended Singh's sentence. Meanwhile, the additional director, medical services, family welfare department, was informed of Singh's conviction. The MCI then issued a notice to Singh asking why action should not be initiated against him under the PCPNDT Act, and the Maharashtra Medical Council Act, 1965.
Singh informed MCI that he had filed an appeal and that pending hearing in the appeal, his conviction and sentence were suspended.
MCI then sent him a letter stating that an inquiry was being conducted, and asked him to remain present with the relevant papers on June 11, 2014. He was informed in the inquiry that his registration with the MCI was suspended.
Singh then approached the HC.
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