A vacation bench comprising justices P C Ghose and Amitava Roy referred to section 18 of the Immoral Traffic (Prevention) Act which provides for closure of brothels and eviction of offenders from the premises under certain conditions.
The law provides that a magistrate can order closure of brothel and eviction of offenders from the premises on receipt of information from the police, or otherwise if the place is being "run or used as a brothel by any person or is being used by prostitutes for carrying on their trade".
To this, the bench said "if such an interpretation (of section 18) is allowed, then this Act (the Immoral Traffic (Prevention) Act) will never be enforced. Such an interpretation would be absurd, illogical and unrealistic. We are not entertaining this petition."
"Do you suggest that the persons who are convicted under the Act can get benefit from this court," it asked when Jaiswal referred to certain apex court judgements which suggested humane approach towards sex workers and their rehabilitation.
The Delhi High Court had upheld the eviction order.
