Ordinance with restropective effect

sanjaygarg796@gmail.com (Querist) 19 August 2009 This query is : Resolved
A criminal complaint U/s 23 was filed by CMO under PNDT Act in the year 2003 but he was not appointed as Appropriate Authority by way of Gazzet Notification as required by the Act. Later on Haryana Govt appointed CMO as appropriate authoirty vide notification dated 4.3.2009.Court dismissed the complaint on the ground that CMO was not appointed appropriate authority on the day of filing of complaint hence complaint is not maintainable. Now the govt by way of Oridinance appointed CMO as appropriate authority with restropectve effect. Whether this oridenance is legal one?

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Kiran Kumar (Expert) 19 August 2009
i think the vires of this ordinance can be challenged.

law can not be used as a tool for convicting a person in such a manner.

u ve raised a good point, i ll find few judgments on this issue.

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ESTHERPRIYA (Expert) 19 August 2009
I accept the views of my friend. You have made a good case to challenge the constitutional validity of the ordinance.