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2006 Supreme(Guj) 129
HIGH COURT OF GUJARAT
K.M. MEHTA, J.
Pramod Bhagwan Nayak - Appellant
Versus
State Of Gujarat - Respondent
SPECIAL CIVIL APPLICATION 21309 Of 2005
Decided on : Feb 21, 2006
Amrish K. Pandya, Krishna U. Mishra, L.R. Pujari, Banna S. Dutta
Headnote:
Constitution – Article 23 – Gujarat Prevention of Anti-Social Activities Act, 1985 –Sections 2,3 – Prevention of Immoral Traffic Act – Sections 3, 4, 5 and 7 – Detention – Habeas corpus – Original detenu, has filed this habeas corpus petition challenging the order passed by the Police Commissioner, respondent No. 2 herein – Held, It is no doubt true that prostitution is a very old profession which is carrying on since ages and though the Government and other agencies are trying to make effort to eradicate the same, they have not been fully successful – If the steps which have been suggested in this judgement and any other step which may be necessary, and the State Government implements the same, at least, some progress can be done – If that is done, it will go a long way – If the girls are educated and studied, further opportunity can be given by the State Government to earn their own livelihood – It is well known that no women or girls join the profession at their own sweet will or volition – They have to do it under severe compulsion as there is no other alternative to them – If education and employment opportunity is provided to them, girls will not automatically fall into the trap of this profession – Petition Rejected (Paras 28, 29, 27)
1. PRAMOD Bhagwan Nayak, petitioner, original detenu, has filed this habeas corpus petition challenging the order dated 23.8.2005 passed by the Police Commissioner, Surat City, Surat, respondent No. 2 herein. The petition was filed before this Court on 13.10.2005. When the matter was placed for hearing on 21.10.2005 this Court has issued rule. On behalf of the respondents Mr. L.R. Pujari, learned AGP, appears. With the consent of the parties the matter is taken up for final disposal.
2. MR. Amrish Pandya, learned advocate, appears on behalf of Ms. Krishna U. Mishra, learned advocate for the petitioner. He has invited my attention to the order of detention dated 23.8.2005 in which the authority has passed order under the provisions of Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as "the PASA Act"). He has also invited my attention to the order of committal dated 23.10.2005 whereby the petitioner has been sent to Rajkot jail.
The learned advocate has also invited my attention to the grounds of detention supplied to the petitioner by the authority. The grounds of detention reveal that the authority has recorded statements of witnesses on 20.5.2005 as well as 12.6.2005 and other material shown in the note and from the grounds it is alleged that the activities carried on by the detenu fall within "immoral traffic" as defined in Section 2(g) of the PASA Act. The grounds of detention further reveal that the detenu is an immoral traffic offender. He is carrying on such activity by taking on rent Flats at Belgiam Square, Japan Market, opp. Linear Bus Stand, Surat. The petitioner is engaged in the activity of immoral traffic by bringing girls and women from other cities to Surat and by supplying them to various customers in consideration of money and also providing rooms for the said purpose, he was running the business of prostitution and also earning his livelihood from the said income. It is also alleged in the grounds of detention that he is giving threats to the people who are coming on his way in such anti-social activities and also beating them in public and therefore are not coming forward to file any complaint against the detenu in public. Thus it has been alleged that the activities are directly causing or are likely to cause harm, danger to life, property and public health. It has been further alleged in the ground that immoral trafficking is resulting in spreading sexual disease including dangerous diseases like H.I.V. Aids etc., and there is no need of any documentary evidence to prove that such activity is dangerous to public health particularly when there is sufficient material on record of the case to show that the detenu was involved in the anti-social activities of running brothel or involved in the offences of immoral trafficking. It was further stated in the ground of detention that with a view to immediately prevent him from continuing his such illegal activities in any manner prejudicial to the maintenance of public order and public health, after subjectively satisfying that such activities of the detenu cannot be curbed or prevented immediately by resorting to any other provisions of general law which would have been a time consuming process, as a preventive measure, the authority has passed order of detention against detenu under the PASA Act. This order was passed with a view to immediately prevent him from continuing such illegal and anti-social activities which are prejudicial to the maintenance of public order. The authority has passed the said order with full application of mind and in compliance and in consonance with the provisions of the PASA Act. It was further stated that all the relevant materials and vital documents which have a bearing on the aspect of the matter and which were available have been placed before the authority. It was stated that copies of all the documents which have been considered and relied upon by the authority for pa
