TARA Vs. STATE

JUDGEMENT

(1.) THE writ petitioner seeks declaration that the petitioners are in illegal detention and custody of the Andhra Pradesh Police (A.P. Police); she also impugns the order of learned M.M., Tis Hazari Court dated 22.02.2012 in FIR No. 40/2011, P.S. Hyderabad.

(2.) THE 15 petitioners before this Court, claim to have been illegally picked-up along with 41 others, by the A.P. Police. THE brief facts necessary for the disposal of this petition are that the A.P. Police had approached the Metropolitan Magistrate, Tis Hazari Court, through the Dy. Superintendent of Police (DSP) Sh. M. Lakshmi Naidu, claiming that a Search Warrant had been issued by the Principal Judicial First Class Magistrate, Anantapur on 20.02.2012 in the course of criminal investigation. It is alleged that during investigation, the statement of one Parvathi had been recorded under Section 164, Cr.PC in which she implicated several individuals and also stated that a large number of minor girls had been lured with false promises and introduced into prostitution. THE details of the racket were revealed in the order and application moved before the Principal Judicial First Class Magistrate on 22.02.2012, requesting for permission to take the victims to Anantapur, in terms of Sections 16 and 17 of the Immoral Traffic (Prevention) Act, 1956 (hereafter called "the Act").

(3.) SH. Anand Grover, learned senior counsel urges that the impugned order is unsustainable. He argues that contrary to the scheme of the Act, which visualizes a rehabilitation order and transitory orders as a part of that process under Section 17 of the Immoral Traffic (Prevention) Act, 1956, in this case, the petitioners were neither rescued pursuant to an order or proceeding under Section 16 of the Immoral Traffic (Prevention) Act, 1956 nor were they rescued pursuant to search without warrant. It was emphasized that in these circumstances, the rescue made by the A.P. Police virtually uprooted the petitioners from the places where they lived in Delhi and subjected them to forcible transportation against their consent, which violates their rights under Articles 14 and 21 of the Constitution of India.