The Madras High Court in a recent order expressed shock over a petition filed by a lawyer seeking protection from police to run a brothel and ordered the Tamil Nadu police and the Bar Council of Tamil Nadu and Pudhucherry to ascertain the genuineness of the petitioner's enrollment and educational degree to find out if he is actually a lawyer.
The case came up in the Madras High Court when a writ petition was filed seeking protection from court against police action by an advocate who ran Friends For Ever Trust. He sought direction from court to police to let his "registered Trust" function 24 hours in Nagercoil.
The court was shocked that the petitioner has openly made an advertisement that his trust is providing services of oil bath for both male and female including sexual intercourse, based on their interest and safety condoms, consensual sex activity for both men and women either through sex workers or members volunteering on their own and premarital sex.
"The petitioner appears to be doing this business with the shield of an identity card, which is said to have been issued by the Bar Council of Tamil Nadu and Pudhucherry," the high court said.
Advocate Seeks Court Permit To Open Branches Of 'Friends For Ever Trust'
According to his petition, the Trust in question provided services of volunteer sex between adult and with consent of male to male, male to female and LGBTQ to any, female to female, counselling, oil bath for 18 plus for both male and female, consensual sexual activity for both men and women either through sex workers or members volunteering on their own, meeting and get together for its members,
Matrimony/living together services and pre-marital sex.
He further prayed that he be allowed to open new branches anywhere in Tamil Nadu and India and sought directions against the police not to file any false cases. The petitioner who runs the said trust also sought compensation of Rs. 5 Lakh "for the loss happened for the last 5 months in not able to run the trust and provide its service to its members."
The high court after going through the case was astonished that the petitioner who presented his own case before the court as a lawyer had a Bar Council identity card and was exploiting poor minor girls by using the same.
"What is very unfortunate in this case is that the person who is doing all these businesses claims to be an Advocate. Kanyakumari District is known for its 100% literacy in the district. From this district and that too in the name of advocate such activities are done. A few days back in another case it was reported that an advocate has been arrested for dacoity. It is high time the Bar Council has to realise that the reputation of the Advocates in the society is getting decreased. At least hereafter the Bar Council shall ensure that members are enrolled only from reputed institutions and restrict the enrollment from unreputed institutions from Andhrapradesh, Karnataka and other States," the high court said in its order.
Shocked Madras High Court Orders Probe In Lawyer's Education Certificates
"This Court is shocked that an advocate in robes claiming that he is running a brothel centre and filed this writ petition seeking some protection for running this brothel centre. Therefore, this Court has directed the petitioner to produce his enrollment certificate and law degree certificates in order to ascertain, whether he is actually an advocate, studied law degree and has enrolled in any Bar Association and has passed over the cases."
However in the afternoon when the matter was again called upon, there was no representation for the petitioner.
"The petitioner party-in person is present before this Court today, but did not produce his degree certificates," the court noted while ordering a probe into petitioner's law degree and enrollment with the Bar.
The court noted that the petitioner submits that the main object of the trust is to promote adult recreation and other related activities. And police in a raid found a 17-year-old minor allegedly being forced into sexual activity. The police arrested him and booked him under various sections of IPC, POCSO and Immoral Traffic (Prevention) Act.
The petitioner claimed that he is a practising advocate in the Madurai Bench of Madras High Court. He said that he went to Nagercoil for the weekend on Feb 16. On Feb 17, His ex-wife and her parents with the help of an advocate and police arranged a 17-years-old girl to visit the trust. And within 20 minutes of that girl entering, police raided the place, the petitioner contended.
The petitioner alleged that this criminal case is a foisted one by sending a girl into the trust at the instance of his ex-wife.
However, the court noted that the police acted after a complaint by a local councillor.
"The Police after getting permission from the Magistrate conducted a search and found three women indulging in sexual activities in the petitioner's trust. One of the girls was a minor. The police recovered pamphlets, visiting cards, used and unused condoms. The police arrested this petitioner and others and also produced the minor victim girl before the learned Additional Mahila Court, Nagercoil, where her statement was recorded under Section 164 CrPC on 04.03.2024, " the court recorded in its order.
As per 164 CrPC statement of one of the victims, she is a minor, studied upto 10th standard and was in search of a job. The petitioner has offered a job and abused her sexually and also made her indulge in sex trade. As per the statement of the victim, it is the petitioner, who offered the job of doing oil massage as Rs.500/- per oil massage and also sexually abused her.
Advocate Profession Is Still Believed To Be Noble Profession, Says Madras High Court
The court while passing this order observed that the purpose of law in society is to preserve the moral sanctity that regulates a society.
"The Advocate Profession is still believed to be a noble profession. The petitioner claiming to be an Advocate started a trust with a sole object to provide sex and sex related services to its members and its customers and also proudly claims that he is providing oil bath and sex related services to its members and customers. The petitioner claims immunity in the strength of the decision of the Hon'ble Supreme Court in Budhadev Karmaskar Vs The State of West Bengal...The petitioner has not understood the context in which the above judgment has been rendered."
The high court clarified that the Supreme Court has taken the issue for the purpose of prevention of trafficking and rehabilitation of sex workers, who wish to leave sex work and the conditions conducive for sex workers, who wish to continue sex working as sex workers with dignity.
"Every State is having different view with regard to running of brothel. The Tamil Nadu government in order to prevent the exploitation of women and trafficking of women, has enacted an Act, viz., the Immoral Trafficking (Prevention) Act, 1956...This Act does not declare sex work as illegal. However it prohibits running of brothel centres. No doubt adults can have sex, but soliciting people and luring them into sexual activities are illegal," the high court said.