In a recent decision on February 23, 2026, the Supreme Court of India rejected an appeal by Dr. Naresh Kumar Garg against a High Court decision about illegal sex determination activities in Gurugram, Haryana. The case was about breaking the rules of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act.
Dr. Naresh Garg, a radiologist, was caught in a sting operation on September 17, 2015. The operation aimed to uncover illegal sex determination practices at Vatika Medicare, Gurugram. Dr. Abdul Kadir, another accused, was caught taking Rs. 25,000 for telling the sex of a fetus.
"The ultrasound on patient Suman was done by Dr. Naresh Garg himself. Dr. Garg neither signed Form F nor did he ask Smt. Suman to sign any document."
After the raid, a police report was filed. However, Dr. Garg was let go by the trial court on October 28, 2015, because there wasn't enough evidence against him. Yet, the District Advisory Committee later suggested filing a complaint against him under the PCPNDT Act.
On July 24, 2024, the High Court rejected Dr. Garg's request to cancel the complaint. The court found the complaint valid because there were issues with keeping the required records during ultrasound procedures.
Justice Ujjal Bhuyan agreed with the High Court's decision, stressing the importance of the PCPNDT Act in stopping female foeticide. The court noted problems with how the initial raid was done but allowed the evidence collected to be used in trial.
"While the search may have been done incorrectly, the materials or evidence gathered during such search can still be used or relied upon if they are relevant and can be admitted."
This case shows how the courts play a role in enforcing laws that address important social issues and the complexities involved in legal processes.
