Contending that there was no provision in the Prevention of Immoral Trafficking Act (PITA) that stipulates treating customers as accused, Dave had sought appropriate compensation for illegally arresting and detaining them.
The division bench of justice AM Khanwilkar and justice RD Dhanuka dismissed the PIL, stating that the validity of arrest of those present would depend on facts and circumstances of each case. No sweeping presumption can be drawn for all the 124 customers arrested, the bench noted. The court also dismissed Dave’s contention that some of the arrested were still behind bar, since they could not afford to move a plea for bail.
The court also imposed exemplary cost of Rs. 25,000 on the petitioner lawyer and directed him to deposit the amount within a week.