SONA BAI Vs. MUNICIPALITY OF AGRA

JUDGEMENT

(1.) THIS is a special appeal by four women whose application under Article 226 of the constitution was dismissed by a learned single Judge of this Court.

(2.) THE appellants complained that the Municipal Board, Agra was enforcing a byelaw which it had made in 1948 and under which the Municipal Board could direct that a public prostitute may not reside within a specified area of the city of Agra. Under that byelaw the mohallas where the public prostitutes were not to reside were specified and then it was provided that no person shall let or otherwise dispose of any house or building to public prostitutes or for a brothel within the area or in the streets so specified. The byelaw further provided for a penalty of Rs. 50/- for breach of the provisions of the aforesaid byelaw and when the breach was continuing breach, for a further fine of Rs. 5/- for every day after the date of first conviction during which the offender was proved to have persisted in the offence.

(3.) THE Executive Officer of the Municipal Board, Agra, issued notices to the appellants to remove themselves from the locality which fell within the purview of the byelaw, on failing which fur ther legal action would be taken against them. Some of them failed to remove themselves from the locality in question. Thereupon a prosecution was launched against them and the case is pending in Court. They then made an application under Article 226 of the constitution in this Court, which, as already stated by us, was dismissed by the learned single judge.