RADHA Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed for a mandamus directing the respondents and their subordinates and other officers not to evict the petitioners from their residences and not to harass them. Heard learned Counsel for the parties.

(2.) IN this case on 19 -11 -2002 learned Standing Counsel prayed for time to seek instructions. Today learned Standing Counsel has submitted written instructions before us which shall be placed on record and shall be treated as the counter -affidavit in this case.

(3.) IT has been alleged in paragraph 13 of the writ petition that like the other places in the country in Meerut also prostitutes, singers and dancers and other women were being harassed by the police in all possible ways and numerous writ petitions had to be filed in this connection. In paragraph 14 of the writ petition it is alleged that the petitioners have never been convicted for any offence under the Immoral Traffic (Prevention) Act and the respondents have no right to interfere with their right of living in their respective houses. A similar writ petition being writ petition No. 4332 of 1976, Smt. Laung Shree and others v. State of U.P., was filed which was heard and allowed by a Division Bench of this Court on 7 -9 -1977. True copy of the judgment in that case is Annexure -2 to the writ petition. The petition was allowed and the respondents were directed not to interfere with the right of the petitioners to carry on their profession of singing and dancing. Another writ petition being writ petition No. 27141 of 1997, Swarn Lata and others v. Superintendent of Police (City), Allahabad and others, was also decided by this Court on 19 -8 -1997 with the direction that the respondents shall not dispossess the petitioners from their respective residences except in accordance with law. True copy of the judgment dated 19 -8 -1997 in that petition is Annexure -3 to the writ petition. Interim orders in other writ petitions are Annexures -4 and 6 to those writ petitions. The scope of the provisions of the Immoral Traffic (Prevention Act has been considered by the Supreme Court in A.C. Agarwal v. Mst. Ramkali, AIR 1968 SC 1.