Wake Up, Appoint Special Officers Against Trafficking, Karnataka HC Tells State

BENGALURU:  Slamming the state government for inaction on trafficking, the High Court on Tuesday said it is high time the state wakes up and appoints special police officers to investigate cases related to the crime.

The court, in its order, stated that the government must give effect to the mandate of Section 13 of the Immoral Traffic (Prevention) Act, 1956, by appointing a special police officer for a particular area to deal with the cases and sensitise the officials. In the judgment dated February 3, Justice Rathnakala said when the officials are appointed, they must abide by the provisions of the act.

Quashing a case against an accused arrested for pushing two minor girls into prostitution as the case was not investigated by a special officer, Justice Rathnakala said: “The registration and investigation of the offences without authority under Section 13 of the act is without jurisdiction and a wasteful exercise and abuse of public time and energy. Villainy smiles while law fails.”

“Illiteracy and poverty breed evils of sexual exploitation of the vulnerable sex, their abuse for commercial purpose in an organised manner,” she said while quashing the case against Shankare Gowda (34) of Hassan. As per the notification dated June 5, 2008, there cannot be more than one special officer in an area, Justice Rathnakala said.

Why the Case Was Quashed: In the case of Shankare Gowda, who was arrested on August 27, 2010, the FIR was registered based on the report by a circle inspector. A sub inspector cannot act as a special officer, as per the act’s mandate of Section 13. It can only be an inspector or an officer above the rank of inspector.

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