JUDGMENT

1. The petitioners before this Court have filed this present petition under Article 226 of the Constitution of India stating that they are residents of ‘My Home Hotel’ and being musician, they have been engaged to perform before the guests.

2. It has been stated that on 1.12.2019 at 4:30 am, the police personnel entered into the hotel and has taken 67 ladies in their custody, and thereafter, they have been kept in shelter home known as ‘Odhni Hall’. The basic contention of the petitioners is that their wives are under illegal detention, and therefore, a writ in the nature of habeas corpus be issued.

3. There are other allegations also in the present writ petition alleging that proper food and other facilities are not being provided to the ladies, who have been kept in shelter home and as petitioners are husbands of the ladies, as detailed in the writ petition, the wives be permitted to go with them. The petitioners, though they are projecting themselves as musician, have filed an affidavit in support of the writ petition and they have disclosed their occupation as “Majdoori” (labourer).

4. The matter was listed on 4.12.2019 and the Senior Superintendent of Police Ms. Ruchi Vardhan Mishra, I.P.S., who was present in Court, was granted time to file an affidavit keeping in view the allegations made against the Police Department and the matter was adjourned for 6.12.2019.

5. A detailed and exhaustive affidavit has been filed by the Senior Superintendent of Police, Indore and the same reads as under:

“AFFIDAVIT

1. I, the deponent, solemnly state on oath as under:

2. I state that the present Affidavit is being filed in compliance of order dated 4.12.2019 passed by this Hon’ble Court.

3. I state that on 30.11.2019, 67 women and 7 children were rescued from a bar and restaurant named as “MY HOME” owned / operated / managed by one Jitendra @ Jeetu Soni and Amit Soni. “MY HOME” is merely having FL-3 Licence for Bar and does not have permission to accommodate residents / inmates/ visitors on payment or without payment.

4. I state that an offence u/s 370(3), 346 and 120B IPC has been registered against Jitendra Soni and Amit Soni in Crime No. 496/2019 at PS Palasia on 1.12.2019. I state that around 223 criminal cases are registered against Mr. Jitendra Soni. List of cases registered against Mr. Jitendra Soni are annexed hereto and marked as Annexure-A.

5. I state that “MY HOME” is not registered as a “Hotel”. The victims who have been rescued have stated that a Brothel is being functional in the guise of Bar and Restarunet and they were forced to dance in bars, allure customers for money which went in the coffers of Mr. Jitendra Soni and human trafficking for the purpose of prostitution was also carried out. The women were brought from Bengal, Assam and adjoining places through Agents who claim to be their husbands / relatives. The provisions of the M.P. Excise Act, 1915 prohiits engagement of women at the Bar. Copy of the Photograph depicting the pathetic condition in which the rescued women were living at “MY HOME” are annexed hereto and marked as Annexure B.

6. I state that the 67 women and 7 children aged around 1-8 years were detained illegally at “MY HOME”. The Police Officials along with the team of Women & Child Development Department rescued the women and children from the illegal detention at “MY HOME” and have accommodated them at Jeevan Jyoti Ashram as a temporary shelter which is being supervised by Women & Child Development Department.

7. I state that the rescued children were kept in a pitiable and unhygienic environment amongst the visitors of the Bar and Restaurant “MY HOME” and were not allowed to go