path-breaking recent Supreme Court judgment related to a case under the Immoral Traffic (Prevention) Act, 1956.

Dear Sir / Madam,

It is our privilege to share with you a copy of a path-breaking recent Supreme Court judgment related to a case under the Immoral Traffic (Prevention) Act, 1956.

A notification issued by the Government of Karnataka under the ITPA, requires a Special Police Officer to conduct investigations into a case. In an August 2010 case (R.A.H Siguran v Shankare Gowda), the respondent filed an application on the ground that the Investigating Officer was not competent to investigate. The High Court of Karnataka allowed this petition.

We would like to draw your attention to this case because the Hon’ble Supreme Court set aside the High Court order quashing the proceedings for invalidity of investigation. In its order, the Supreme Court said that the illegality in the course of the investigation does not affect the competence and the jurisdiction of the Court for trial, that there was no miscarriage of justice, and directed the trial court to proceed with the matter.

We believe this judgment promises to empower appellants and change the way cases under the ITPA are heard at courts across India.

Advocate Adrian Phillips and Advocate Liyi Marli Noshi, Legal Counsel at Justice and Care represented the petitioner (R.A.H Siguran) in the above case.

this is for your kind information