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Home / Mumbai News / Bombay HC allows gynaecologist accused of illegal abortions to resume medical practice

Bombay HC allows gynaecologist accused of illegal abortions to resume medical practice

Dr. Jadhavar and his wife, Dr. Ashwini, also a gynaecologist, were booked by police in Maharashtra’s Solapur district in February 2018 for performing illegal abortions.

mumbai Updated: Jul 07, 2020 19:16 IST
Kanchan Chaudhari
Kanchan Chaudhari
Hindustan Times, Mumbai
On June 4, 2018, Bombay  HC had granted bail to Dr. Ashwini on the condition that she is barred from her medical practice until the trial concludes.
On June 4, 2018, Bombay HC had granted bail to Dr. Ashwini on the condition that she is barred from her medical practice until the trial concludes.

The Bombay high court (HC) last Friday allowed a gynaecologist , booked for performing illegal abortions and convicted under provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, to resume his medical practice.

Dr. Suhas Jadhavar, a gynaecologist, had moved the HC challenging a June 18 order, which was passed by the additional sessions judge, Pandharpur, refusing to relax a bail condition prohibiting him from practising medicine till the completion of his trial.

Dr. Jadhavar and his wife, Dr. Ashwini, also a gynaecologist, were booked by police in Maharashtra’s Solapur district in February 2018 for performing illegal abortions.

On June 4, 2018, the HC had granted bail to Dr. Ashwini on the condition that she is barred from her medical practice until the trial concludes.

Dr. Jadhavar was also granted bail by the Pandharpur sessions court on the same condition a fortnight later.

Last year, Dr. Ashwini moved the HC seeking relaxation of the condition, and on February 20, the court allowed her to resume practice.

Subsequently, Dr. Jadhavar moved the sessions court, seeking similar relaxation for himself on the ground of parity, but the court rejected his plea, prompting him to move the HC.

His lawyer, advocate Vishwanath Talkute, submitted that on the ground of parity the petitioner doctor was entitled to the same relief, as was granted to his wife and a co-accused in the case, but it was refused on the ground that Dr. Jadhavar has been convicted in a separate case under the PCPNDT Act, 1994, which prohibits the use of modern techniques for sex-selective abortions.

Assistant public prosecutor RM Pethe had opposed the plea, citing Dr. Jadhavar is not eligible for relief because of his conviction.

Justice CV Bhadang, however, felt that Dr. Jadhavar could not have been denied the same relief, as has been granted to the co-accused in the case.

The judge felt that the conviction under the PCPNDT Act, 1994, was an extraneous consideration.

“The consideration in my view has to be principally confined to the present case,” said the judge.

“Once the said condition has been relaxed in respect of the co-accused and where the reasons for such relaxation that the co-accused Dr. Ashwini Jadhavar has abided by the said condition and that there is no likelihood of the trial coming to end in the near future (which apply equally to the case of the petitioner), the parity cannot be refused,” he said.

“It is necessary to note that the condition was not imposed, on account of pendency and/or conviction in the earlier case,” he added.

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