IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23/03/2006
CORAM
THE HON'BLE MR.JUSTICE P.SATHASIVAM
and
THE HON'BLE MR.JUSTICE J.A.K.SAMPATHKUMAR
H.C.P.No.271 of 2006
G.Jebaraj ... Petitioner
-Vs-
1. State of Tamil Nadu,
rep. By Commissioner of Social Defence Dept.,
Purasawalkam High Road, Chennai
2. Inspector of Police,
Anti-vice Squad,
Chennai City Police,
Chennai.
3. The Superintendent,
Government Vigilance Home,
Cutcherry Road, Mylapore,
Chennai 600 004.
4. Ms.Anthony Ammal,
Female Warden No.67,
Anti-Vice Squad,Chennai.
5. Mr.Sabapathy,
Head Constable No.12388,
Anti-Vice Squad, Chennai. ... Respondents.
Petition filed under Article 226 of the Constitution of India for the
issue of a writ of Habeas Corpus as stated therein.
For petitioner :Ms.D.Geetha
For respondents: Mr.Abdukumar Rajarathinam,
:ORDER
(ORDER of the Court was made by P.SATHASIVAM,J.)
The petitioner, by name, G.Jebaraj, claiming himself to be the
Director of Just Trust having its Office at No.35, E Block, M.M.D.A. Colony,
Arumbakkam, Chennai 600 106, has filed this petition seeking direction to the
respondents for the production of the victim girl, namely, Nisha wife of
Ganesh, aged about 23 years before this Court and set her at liberty.
2. Pursuant to the direction of this Court, the second respondent
produced the victim girl, Nisha. We enquired her. According to her, she is
aged about 24 years and at present, she is employed as a Cook in Gracious
Home, Plot No.14, Majestic Colony, Thirumangalam, Anna Nagar, Chennai 600 040
and getting a salary of Rs.1,000/- per month.
3. The second respondent, Inspector of Police, Anti-Vice Squad,
Greater Chennai City has filed a counter affidavit wherein it is stated that
on 18.5.2005 at 21.45 hours a case in AVS.P.S. Crime No.94/05 under sections
3(2)(1), 4(1), 5(1), 6(1) and 7(1) of Immoral Traffic ( Prevention) Act, 1956
and 366 & 420 I.P.C. Was registered and investigated and a women-broker, Mary
@ LIC Mary F/A 60, wife of Joseph of T. Nagar and one Sumathi F/A 36, wife of
Mohan of Old Washermenpet were arrested for running brothel. It is also
stated that one Nisha who was kept in the brothel for prostitution was rescued
on 19.5.2005 and they were produced before the 17th Metropolitan Magistrate,
Saidapet, Chennai, who remanded Mary @ LIC Mary and Sumathi to judicial
custody and sent the rescued girl Nisha to the Government Home , Mylapore,
Chennai for safe custody. The counter proceeds further that on the same day,
a petition was filed before the learned 17th Metropolitan Magistrate seeking
for reintegration of the rescued girl, Nisha with her family and the learned
Magistrate passed an order directing the Inspector of Police, Anti-Vice Squad,
Chennai to hand over the rescued girl Nisha to her legal guardian. It is
stated that an enquiry was conducted to know about the veracity of the claim
of parent/guardian who sought for custody of the rescued girl, Nisha and it
was found that the girl had no parents and none of the relatives came forward
to accept the rescued girl Nisha and so, rehabilitative measures were taken to
provide a job for the girl to lead independent life instead of going back to
prostitution and accordingly, several non-governmental organisations were
approached and one Dr.Roseline, Director of Gracious Home came forward to
accommodate the rescued girl, Nisha in her home by giving shelter and job. It
is further stated that on 25.1.200 6, the rescued girl Nisha was taken from
the Government Home as per the orders of 17th Metropolitan Magistrate,
Saidapet, Chennai and Head Constable Sabapathy (No.12388) and female warden
Antony ammal(No.67) brought the girl Nisha from the Government Home to
Anti-Vice Squad Police Station from where she was sent to Gracious Home to
lead a new independent life and now she is staying at Gracious Home working as
Cook and getting a salary of Rs.1000/- per month. In the counter affidavit,
it is also stated that the above action was taken purely based on
rehabilitation of the rescued girl and by this, the girl has been prevented
from falling into the clutches of pimps and brothel keepers once again.
4. Apart from the above information furnished by the second
respondent, learned Government Advocate has also brought to our notice that on
19.5.2005, the said girl was produced before the 17th Metropolitan Magistrate,
Saidapet, Chennai and the learned Magistrate passed an order on the same day
to the effect that the girl should be kept in a Home. Learned Government
Advocate further submitted that the Home, namely, Gracious Home, where the
girl was sent and is presently staying, is registered and approved by the
Government, which is clear from the letter of the District Social Welfare
Officer, Tiruvallur dated 27.5.2005.
5. In the light of the information furnished by the second respondent
and in view of the fact that the girl was sent to Gracious Home which is
registered and approved by the Government and also of the statement made by
the girl herself that she is employed as Cook getting a salary of Rs.1,000/-
per month and she is comfortable, the girl Nisha is permitted to continue in
the same Home, viz., Gracious Home. No further adjudication is, therefore,
required in this petition; accordingly, the same is closed.
na.
To
1. The Commissioner of Social Defence Dept.,
State of Tamil Nadu,
Purasawalkam High Road, Chennai
2. Inspector of Police,
Anti-vice Squad,
Chennai City Police,
Chennai.
3. The Superintendent,
Government Vigilance Home,
Cutcherry Road, Mylapore,
Chennai 600 004.