G JEBARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) 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 and 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.