Struck-down provisions remain inoperative absent a Supreme Court stay, so pending writ petitions were disposed of.

A provision struck down by a High Court cannot be treated as operative merely because the matter is pending before the Supreme Court, unless its operation is stayed or the judgment is reversed. Applying that principle, the Madras HC noted that no stay had been granted against the Delhi High Court decision striking down Section 2(p) of the Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and the related rule to the extent indicated. It therefore held that the impugned provisions could not be selectively enforced and saw no reason to keep the writ petitions pending, disposing of them with parties to bear their own costs.

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Issues: Whether, pending further consideration by the Supreme Court, the provisions already struck down by the Delhi High Court could be treated as operative and applied, and whether the writ petitions should be kept pending or disposed of.

Analysis: The order proceeds on the accepted position that the Supreme Court had not stayed the Delhi High Court judgment striking down Section 2(p) of the Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, and Rule 3(3)(1)(b) of the Rules to the extent indicated. It records that, until the Supreme Court upsets that judgment or stays its operation, the struck-down provisions cannot be treated as in force. The Court therefore found no reason to keep the petitions pending and left the parties to bear their own costs.

Conclusion: The writ petitions were disposed of on the footing that the impugned provisions could not be selectively applied unless stayed or reversed by the Supreme Court.

Final Conclusion: The petitions stood concluded with an observation that the struck-down provisions would remain inoperative unless the Supreme Court granted a stay or otherwise reversed the earlier ruling.

Ratio Decidendi: A provision struck down by a High Court is not to be treated as operative merely because further appellate scrutiny is pending, unless its operation is stayed or the decision is set aside.

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