2016 (8) TMI 1607

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....iates For the Respondent : T.N. Rajagopalan, Special Government Pleader ORDER SANJAY KISHAN KAUL, C.J. 1. We have heard the learned counsel for the parties. 2. The accepted undisputed position is that the Hon'ble Supreme Court has not stayed the operation of the Delhi High Court order dated 17.02.2016 striking down Section 2(p) of Pre-natal Diagnostic Techniques (Prohibition of ....

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....including vehicles where ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or has the potential of detection of sex during pregnancy or selection of sex before conception, require registration under the Act; (iii) However, if the person seeking registration (a) makes a declaration in the form to be prescribed by the Central W.P.(C....

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....annot be installed or would not serve the purpose, then the Central Supervisory Board would prescribe other conditions which such registrant would require to fulfil, to remain exempt as aforesaid; (v) however such registrants would otherwise remain bound by the prohibitory and penal provisions of the Act and would further W.P.(C) Nos. 6968/2011, 2721/2014 & 3184/2014 Page 82 of 83 remain ....

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....he Hon'ble Supreme Court would be equally applied. The only question is as to what would happen till the Hon'ble Supreme Court examines the issue. In this behalf, if the Hon'ble Supreme Court had stayed or would stay the operation of the Judgment, then only could those provisions struck down again come in force. 4. It is trite to say that once a High Court has struck down the provis....