JUDGMENT - Smt. DESAI RANJANA, J.:---Rule. Respondents waive service. By consent of the parties, taken up for hearing forthwith.

2. The petitioner is a registered organisation established in 1986. It does work in the red light areas of Mumbai and Navi Mumbai with the object of preventing the trafficking of women and children and rehabilitating the victims of forced prostitution. This petition is filed in public interest to protect children and minor girls rescued from the flesh trade against the pimps and brothel keepers keen on a re-acquiring possession of the girls.

3. The 1st respondent, State of Maharashtra has established institutions for the care, protection and rehabilitation of women and children rescued from the flesh trade. The Government Special Rehabilitation Centre for Girls at Deonar is one such institution for the care and protection of child victims of forced prostitution. The 2nd respondent is the Probation Officer appointed under the Probation of Offenders Act, 1958 for the Government Special Rehabilitation Centre for Girls. The 3rd respondent, V.P. Jaiswal is an Advocate, who, it is alleged, has appeared for the brothel keeper as well as the minor girls rescued from the brothel.

4. The facts, which give rise to the present petition, may be shortly stated. On 16-5-2002, the Social Service Branch raided the brothel at Santacruz. Four persons, who are alleged to be brothel keepers/pimps, were arrested. Twenty-four females were rescued. The four arrested accused were charged under sections 3, 4 and 7(2)(a) of the Immoral Traffic (Prevention) Act, 1956 ("PITA" for short) under C.R. No. 00/02 (later converted to SP/LAC No. 20/2002 of 16-5-2002) by Social Service Branch. The twenty-four rescued females were not charged, but were taken into custody under sections 15 and 17 of PITA for the purposes of ascertaining their age and family background.

5. The accused as well as the rescued females were produced before the learned Metropolitan Magistrate at Esplanade on 17-5-2002. The 3rd respondent appeared on behalf of the four accused. The accused were remanded to police custody and the rescued females were sent to the Government Special Rehabilitation Centre for Girls at Deonar so that they may be medically examined and enquiries be made about their parents and guardians. The learned Magistrate, in his order dated 17-5-2002, noted that the Investigating Officer as well as the Additional Police Prosecutor had submitted that the detention of the rescued girls is necessary in the corrective home for further examination by Medical Officer and for making further enquiries about their parents and guardians. He also recorded that the 3rd respondent strongly opposed the application for sending the rescued girls to the corrective home at Deonar. The order indicates that the 3rd respondent argued that the concerned officer had not followed sections 15 16 of the PITA and therefore the girls should be released immediately. So far as accused 1 to 4 are concerned, it appears that the 3rd respondent argued that their further interrogation is not necessary as the owner of the brothel was known to the officer and he can be called for interrogation at any time.

6. The learned Magistrate, after considering the arguments, observed that custody of accused 1 to 4 was necessary to know from where they had procured the girls. Having regard to the provisions of section 15 of the PITA, the learned Magistrate observed that the girls can be sent to the registered Medical Practitioner for the purpose of "ascertainment of their age, for detection of injuries and result of sexual abuse or presence of any sexually transmitted diseases". In view of this, the learned Magistrate remanded accused 1 to 4 to police custody till 24-5-2002 and 24 girls along with the report were sent to Shaskiya Mahila Sudharak Griha, Deonar for medical examination, to be kept there till 27-5-2002. A direction was given to the Probation Officer of the said Home to make enquiry w

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