In a shocking verdict, the Madurai Bench of the Madras High Court has expressed deep astonishment at a petition filed by Raja Murugan, a self-styled lawyer who sought protection for running a brothel under the guise of a registered trust. Justice B. Pughalendhi presided over the court that dismissed the petitions and called for stringent measures to ensure the integrity of the legal profession.
Background of the Case
The petitioner, Raja Murugan, is the founder of the “Friends For Ever Trust,” a registered entity that allegedly provides services such as consensual sex among adults, oil massages, and counseling. On February 17, 2024, the Nagercoil police searched the premises of the trust, leading to Murugan’s arrest and the filing of a case under various sections of the Immoral Traffic (Prevention) Act, 1956, the Indian Penal Code (IPC), and the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Legal Issues Involved
1. Quashing of FIR: Murugan sought the quashing of the FIR filed against him, arguing that his operations were protected under the Supreme Court’s decision in the Budhadev Karmakar vs. State of West Bengal case, which addresses the dignity and rights of sex workers.
2. Mandamus against Police Intervention: He also filed a writ petition seeking a mandamus to prevent police interference in the operations of his trust and claiming compensation for the alleged damages caused by police actions.
Court’s Ruling on Legal Issues
Justice B. Pughalendhi made several significant observations while dismissing both petitions:
1. Misinterpretation of the Supreme Court’s Ruling: The court stated that Murugan has misinterpreted the Budhadev Karmakar ruling, which aims to prevent the trafficking of sex workers and facilitate their rehabilitation, rather than support the operation of brothels.
The judge remarked, “The petitioner has not understood the context in which the above ruling was given.”
2. Exploitation of Minor: The court was particularly disturbed by the exploitation of a minor girl who was promised employment and subsequently abused. The police found evidence including brochures and condoms that confirmed illegal activities within the trust.
The ruling stated, “In this case, a poor minor girl was offered 500 rupees for an oil massage by the petitioner, taking advantage of her situation.” 3. Integrity of the Legal Profession: Emphasizing the great nature of the legal profession, the court expressed concern over the declining reputation of lawyers due to such incidents. It directed the Bar Council of Tamil Nadu and Puducherry to verify Murugan’s academic qualifications and the authenticity of his enrollment.
The court ordered that “the Bar Council shall ensure that members are only recruited from reputable institutions and prohibit enrollment from non-reputed institutions in Andhra Pradesh, Karnataka, and other states.”
Justice Pughalendhi concluded by stating that “the purpose of law in society is to maintain moral purity that governs society. Therefore, the legal profession is considered a noble profession, as it is the guardian and protector of the law.”
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Parties Involved
– Petitioner: Raja Murugan, appeared personally in court.
– Respondents:
– Superintendent of Police, Nagercoil, Kanyakumari District.
– Law Department Secretariat, Chennai.
– Directorate of Vigilance and Anti-Corruption, Chennai.
– Police Inspector, Nesamani Nagar Police Station, Nagercoil.
Petitioner’s Lawyer: Mr. K.H. Raja Murugan (Party-in-Person)
Respondent’s Lawyer: Mr. E. Anthony Sahai (Additional Public Prosecutor)
Case Details
– Case Title: Raja Murugan vs. Superintendent of Police
– Case Number: CRL OP (MD) No. 9399/2024 and WP (MD) No. 13963/2024