The Madras High Court on Monday ordered that policemen should not barge into spas for surprise or spot verification as a matter of routine unless there were concrete materials to suspect the involvement of such places being used for activities which attract penal action under the Immoral Traffic (Prevention) Act of 1956.
Justice R. Mahadevan issued the order while disposing of a batch of cases filed by various spas accusing the police of visiting their premises frequently and interfering with their commercial activities much to the annoyance of the customers. The judge disposed of all the 25 writ petitions by way of a common judgment.
He directed the petitioners to appear before the jurisdictional police along with all required documents, including educational and trade certificates to prove that they were in the genuine business of running spas. On such production, the police were free to verify the genuineness of the people employed in those spas.
“If the spas fail to produce licence when demanded or continue to run their activities without licence, action shall be taken for their closure immediately. Further, the draft rules qua running of spas should be notified/implemented by the authority concerned within a period of three months,” the judge ordered.
However, he made it clear that the petitioners, under the guise of carrying on their business activities, should not indulge in any unlawful or illegal activity opposed to law or public order. They were also barred from advertising their business in violation of the provisions of the Immoral Traffic (Prevention) Act.
