In a startling judgment, the Madurai Bench of the Madras High Court has expressed profound shock over a petition filed by Raja Murrugan, a self-claimed advocate, seeking protection for operating a brothel under the guise of a registered trust. The court, presided over by Justice B. Pugalendhi, dismissed the petitions and called for stringent measures to ensure the integrity of the legal profession.
Background of the Case
Raja Murrugan, the petitioner, is the founder of “Friends For Ever Trust,” a registered entity purportedly offering services such as consensual sex between adults, oil baths, and counseling. On February 17, 2024, the Nesamani Nagar Police Station in Nagercoil conducted a search of the trust’s premises, leading to the arrest of Murrugan and the registration 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: Murrugan sought to quash the FIR registered against him, arguing that his operations were protected under the Supreme Courtโs judgment in Budhadev Karmaskar vs. State of West Bengal, which addresses the dignity and rights of sex workers.
2. Mandamus Against Police Interference: He also filed a writ petition seeking a mandamus to prevent police interference in his trust’s operations and to claim compensation for alleged damages caused by police actions.
Court’s Decision on Legal Issues
Justice B. Pugalendhi dismissed both petitions, highlighting several critical observations:
1. Misinterpretation of Supreme Court Judgment: The court noted that Murrugan had misinterpreted the Budhadev Karmaskar judgment, which aims at preventing trafficking and rehabilitating sex workers, not endorsing the operation of brothels.
“The petitioner has not understood the context in which the above judgment has been rendered,” remarked Justice Pugalendhi.
2. Exploitation of a Minor: The court was particularly disturbed by the exploitation of a minor girl, who was promised a job and subsequently abused. The police recovered evidence, including pamphlets and condoms, corroborating the illegal activities conducted at the trust.
“In this case, a poor minor girl has been exploited by the petitioner taking advantage of her position by offering Rs.500/- for doing oil massage,” the judgment stated.
3. Integrity of Legal Profession: Emphasizing the noble nature of the legal profession, the court expressed concern over the declining reputation of advocates due to such incidents. It directed the Bar Council of Tamil Nadu and Puducherry to verify the authenticity of Murruganโs educational qualifications and enrollment.
“The Bar Council shall ensure that members are enrolled only from reputed institutions and restrict the enrollment from unreputed institutions from Andhra Pradesh, Karnataka, and other States,” the court ordered.
“The purpose of law in society is to preserve the moral sanctity that regulates a society. Therefore, the legal profession is regarded as a noble profession as it is the upholder and protector of law,” Justice Pugalendhi observed in his concluding remarks.
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Parties Involved
– Petitioner: Raja Murrugan, appearing as a party-in-person.
– Respondents:
– The Superintendent of Police, Nagercoil, Kanyakumari District.
– The Law Department Secretariat, Chennai.
– The Directorate of Vigilance and Anti-Corruption, Chennai.
– The Inspector of Police, Nesamani Nagar Police Station, Nagercoil.
Counsel for Petitioner: Mr. K.H. Raja Murrugan (Party-in-person)
Counsel for Respondent: Mr. E. Antony Sahaya Prabahar (Additional Public Prosecutor)
Case Details
– Case Title: Raja Murrugan v. Superintendent of Police
– Case Numbers: CRL OP(MD) No. 9399 of 2024 and WP(MD) No. 13963 of 2024
