PAVITHRA ALIAS SWATHI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) POVERTY is no sin. It is agonising that the haves, at times, sin the poor by turning their nelson's eye to their miseries. The story of the petitioner is an illustration of the latter. This young woman, born to poor parents, married at an young age, but deserted by her husband, having a child, under the guise of offering a decent domestic job, was taken to Chennai and attempted to be pushed into immoral trafficking, but, fortunately, rescued by the police. She has been in Protective Home for the past 34 months on the repeated orders of the Magistrate. Seeking to set aside the proceedings of the learned Judicial Magistrate and to set her at liberty, the petitioner has come up with this petition.

(2.) THE facts of the case would be as follows:

(3.) TODAY, when this case is taken up, the Inspector of Police is present and the mother of the petitioner is also present before this Court. She is identified by the Inspector of Police Mr.K.P.S.Devaraj as well as by the petitioner. The petitioner is also present before this Court. The petitioner's mother has stated that because of her poverty, she could not come over to Tamil Nadu to take any steps to secure the release of the petitioner. Now she states that she will be very happy to take her daughter (the petitioner), if she is released, to her native village. The petitioner is also willing to go to her native village along with her mother to lead the rest of her life with her mother peacefully. When she was informed that she may have to come to the Court of the Judicial Magistrate, Alandur for giving evidence if need be, the petitioner would submit that as and when she receives summons, she would surely come to Court and depose. With this factual background, let me now go into the legal aspects of the matter.