ORAL JUDGMENT (PER SMT.RANJANA DESAI, J) :

Rule. Respondents waive service. By consent of the parties taken up for hearing forthwith.

1. This petition is filed under Article 226 of the Constitution of India, by one Mr. Navin Rego who is the representative of International Justice Mission, a human rights organization which makes efforts to rescue minor girls who are commercially exploited or trafficked for the purposes of sex.

2. It appears that on 8th February, 2008 a raid was conducted at Dhoom Bar and Restaurant at Bhiwandi under the provisions of the Immoral Traffic Prevention Act, 1956 (P.I.T.A. for short) by Bhiwandi Town Police and Shantinagar Police Station. According to the petitioner, the evidence includes illegal prostitution activities documents on Video CD, statements of the complainant, bogus customer, respectable and independent panchas and victims. On the same day Bhiwandi Town police prepared a panchanama and handed it over to Shantinagar Police Station. The grievance of the petitioner appears to be that on 9th February, 2008, Shantinagar police station released victims into the hands of the traffickers and refused to lodge complaint on the ground that there was lack of evidence. According to the petitioner on 11th February, 2008 the petitioner gave written complaint to the Joint Commissioner of Police, Mr. Madhu Shinde. According to the petitioner, Mr. Madhu Shinde was ineffective and therefore he forwarded the complaint to D.C.P. Ankush Shinde who also did not respond to the complaint. Aggrieved by this attitude of the police, the petitioner has filed this petition.

3. The petitioner has made the following prayers :

(1)That this Hon'ble court be pleased to issue appropriate writs, directions and orders to the Shantinagar Police Station to register offences under Section 3, 4, 5 and 6 of the Immoral Traffic Prevention Act, 1956 against the owner, manager, cashier, waiterpimps fo the Dhoom Bar and Restaurant situated at ThaneNashik Highway, Kalyan Phata, Bhiwandi on the basis of the video recording and affidavits of witnesses of the illegal activities being conducted at the bar.

(2) That this Hon'ble court be pleased to issued appropriate writs, directions and orders directing a suitable independent agency to conduct an investigation into the P.I.T.A. offences which were committed by the bar owner, managers, waiters and customers of Dhoom Bar and Restaurant.

(3) That this Hon'ble court be pleased to issue appropriate writs, directions and orders directing the prosecution of police officers, namely Senior Police Inspector J.J. Jadhav and his subordinates for abetting the offences committed by the bar owner, managers, waiters and customers of Dhoom Bar.

(4) That this Hon'b le High Court be pleased to issue appropraite writs, directions and orders directing the Director General of Police for Maharashtra to immediately commence departmental proceedings against the police officers Respondent no.2, Senior Police Inspector J.J. Jadhav for gross misconduct in refusing to register offences punishable by law.

(5) That this Hon'b le court be pleased to lay down guidelines for the police to conduct P.I.T.A. traps with due regard to the direction of the Supreme Court, dignity of the victim and probity of all concerned.

(6) That this Hon'b le court be pleased to direct the independent investigation agency to investigate the role of Mr. Shankar Shetty.

(7) Pending final hearing and disposal of this case, that this Hon'ble court be pleased to direct either the Commissioner of Police, Thane or the independent investigation agency to take all lawful measures to rescue these minor girls, illegally released by respondent no.2 Senior Police Inspector J.J. Jadhav, and produce them before a Magistrate or the appropriate Child Welfare Committee for care and protection.

4. We have heard at some length learned counsel appearing for the petitioner and learned Public Prosecutor Shri. Borulkar. Learned counsel for the petitioner made a ser

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