Holding the action taken against two sisters by the social service branch of Mumbai Police, was ‘in accordance with the provisions of law’, the Bombay High Court refused to grant any relief to the sisters who were rescued from an alleged prostitution racket being carried out from an Andheri based eatery, on June 5, and sent to a preventive home by the magistrate.

Division bench of Justice AM Khanwilkar and Justice AR Joshi disposed of the plea made by the sisters observing,“If the father of the petitioners is pursuing the legal remedy before the magistrate court and if the order is to be passed on Wednesday, then it would be premature to exercise the writ jurisdiction.”

The bench also refused to accept the claims of the petitioners that they were branded as 'prostitutes' by the police, even though they belonged to respectable families and were present at the restaurant for attending a friend’s birthday party. The bench said, “These are matters to be inquired by the magistrate.”

The petitioners' advocate Anand Jhondale argued that the fundamental rights of the sisters were infringed upon by the police and claimed that it was an illegal detention because it was only suspicion on the basis of which they were detained and sent to the preventive home, without the magistrate inquiry into the suspicions and raids conducted.

The bench rejected this claim saying, “Rescuing you and producing before the magistrate is in accord with the provisions of the Prevention of Immoral Trafficking Act (PITA).”

Further it said “Whether the raid conducted was correct or whether alleged prostitution was going on at the place will be decided by the magistrate.”

The two sisters, among 11 women picked up during the raid, had approached the court seeking compensation of Rs one crore each.

One of the sisters has been living in Mumbai for two years, while the other sister, who is a resident of New Delhi, had come down for a visit. They had gone to Masala Curry restaurant in Andheri for a family friend's birthday party.

However, the police said messages were being floated around saying 11 girls were available at the venue if anyone was interested.