Legal Question in Criminal Law in India
In a PC & PNDT case at Faridabad Haryana, court of CJM acquitted a doctor for want of publication of Gazette notification. Govt did not publish in the gazette the appointment of Civil surgeon as approrpaite authority for PC and PNDT Act. The doctor was acquitted .However Govt came oout with an ordicnace declaring Civil surgeon as appropriate authority and validating the appointment from back date of 12 yrs back i.e.1997. Now the Govt has appealed in sessions court against the acuittal of doctor on the basis of new ordinance .
Doctor wants to challenge the ordance that it can,t be implemented from retrospect dates. Can you give your advice and reference of some cases of this type.
3 Answers from Attorneys
In google search, there appears a Gazette Notification appointing Civil Surgeon of Faridabad, Haryana as District Appropriate Authority Vide No.1/19/88 2HB-11-97 dated 18.9.1997.
You may need to engage a counsel for pursuing your remedy in the appropriate court/s.
plz provide more detail what was the complaint against you, only then we can guide you properly.
Advocate Chandigarh High court
M:098141100005
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