Early Times Report
JAMMU, June 16: The Jammu & Kashmir and Ladakh High Court stayed the attachment and eviction notice to Hotel MC Dollar at Gujjar Nagar.
This significant order has been passed by Justice Sindhu Sharma after hearing Adv Aseem Sawhney appearing for the petitioner, observed that the petitioner has assailed Do Parta Notice dated 09.06.2023 issued by the Additional Deputy Commissioner, (L&O), Jammu under Section 18 of Immoral Trafficking prevention Act, 1956.
The contention of the petitioner is that the notice issued by the Additional Deputy Commissioner is without jurisdiction. It is submitted that under Section 18 of the aforesaid Act empowers a Magistrate to order eviction of a premises used as a brothel to carrying out prostitution. The Magistrate as defined in Section 2(C) of the Act reads:
'Magistrate' means a Magistrate specified in the second column of the Schedule as being competent to exercise the powers conferred by the section in which expression occurs and which is specified in the first column of the Schedule.
The schedule to the Act has specified that in relation to Section 18 of the said Act, a magistrate competent to exercise powers is either the District Magistrate or Sub-Divisional Magistrate.
Justice Sindhu Sharma after hearing Adv Aseeem Sawhney in length observed that the Additional Deputy Commissioner, (L&O), Jammu has not been appointed as District Magistrate by the State Government, therefore, the purported exercise of power by the Additional Deputy Commissioner, (L&O), Jammu is prima facie without jurisdiction.
It is also submitted that FIR No. 32/2023 under the offences under Sections 366-A, 342, 344, 34 IPC and 4/6/16 POCSO Act and Immoral Trafficking Prevention Act, 1956 and charge-sheet was filed in which the petitioner has not been arrayed as accused and no allegation has been leveled and trial has not started.
Justice Sindhu Sharma observed that prima facie case for indulgence is made out. Notice to the respondents in the main petition as well as CM, returnable within four weeks. Requisite steps for service within one week. Meanwhile, subject to objections and till next date before the Bench, impugned Do Parta Notice dated 09.06.2023 issued by the Additional Deputy Commissioner, (L&O), Jammu, qua the petitioner, shall remain stayed. Alteration/modification on laying motion. The respondents are, however, not precluded from issuing fresh notice by the competent authority as per the provisions of Immoral Trafficking Prevention Act, 1956.
—JNF |
