HC imposes cost on lawyer for taking up clients' cause via PIL

The PIL filed by advocate Prabhanjan Dave stated that the Immoral Traffic (Prevention) Act has no provision for arresting a customer from a brothel or prostitution racket.

Dave had filed the PIL after 124 persons were arrested when a commercial sex racket was busted in south Mumbai in October this year. Later, around 100 persons were granted bail in the case.

The advocate in his PIL sought compensation for the "illegal arrest" of the customers and an inquiry to be initiated against the errant police officials.

Advocate General Darius Khambata today informed the court that Dave had appeared for some of the accused whose bail was rejected by the magistrate's court and hence filed a PIL.

Accepting this, the court said the PIL was motivated and that the petitioner should not espouse the cause of his clients in the garb of a PIL.

Dave claimed that the accused persons were below poverty line and hence could not approach the court.

"If they can visit that place (brothel) then they can come here also. If they think their reputation has been tarnished let them come here. Someone who is below poverty line will not visit that place. Those who can spare funds only go there," Justice Khanwilkar said.

The bench further said that there was nothing improper in arresting persons found in the scene of an offence by the raid party for causing or inducing a person to carry on prostitution which in itself was an offence.

Dave will have to pay the money to the Registrar within a week's time.