MUSAMMAT MOHAMMADI Vs. EMPEROR THROUGH MUNICIPAL BOARD

JUDGEMENT

(1.) This is an application for the revision of an order of the learned Sessions Judge of Agra confirming the order of a Bench of Magistrates imposing a fine on Musammat Muhammadi, a prostitute, under Section 299 of the U.P. Municipalities Act. The fine was imposed for the alleged infringement of a bye-law made by the Board, and the application for revision is made on the ground that the bye law itself is ultra vires

(2.) Under Section 298-H(e) of the U.P. Municipalities Act a Municipal Board by special resolution is empowered to make bye laws prohibiting, in any specified street or area, the residing of public prostitutes and the keeping of a brothel, or the letting or other disposal of a house or building to public prostitutes or for a brothel.

(3.) In 1917, the Municipal Board of Agra passed a bye-law under this section of the Ant to the following effect: No public prostitute shall reside in any house or building or ply her trade within the municipal limits, excepting on both sides of the street be ginning from shops Nos. 3215 and 3096 in Phulatti Bazar down to Kinaribazar up to shops Nos. 2007 and 4765 and from there on both sides of the street in Kashmiri Bazar down to Malkabazar cross road shops Nos. 2723-11 and 2175 on each side of the street.