Law enforcing authorities are bound to conduct frequent inspections to curb illegal activities: Madras HC while directing police authorities to issue orders to all Spa & Massage centers across State to install CCTV cameras

Read Judgment: C.P.Girija vs. Superintendent of Police & Others 

Pankaj Bajpai

Chennai, December 30, 2021: The Madras High Court has opined that the law enforcing authorities are bound to conduct frequent inspections to curb any illegal activities, if noticed.

The Bench of Justice S.M Subramaniam therefore observed that no preventive orders can be passed by this Court restraining the law enforcing authorities from exercising their powers in accordance with law and by following the procedures. 

Such prevention is not only unconstitutional but results in encouragement of crimes in the society, added the Single Judge.

The observation came pursuant to a petition seeking to forbear Police Authorities (Respondents), their subordinates from in any manner interfering with C.P.Girija (Petitioner’s) lawful business of MRUTHASANJEVANI Ayurvedic Therapy Centre near Sub City Bommaiyarpalayam, Villupuram District by the petitioner. 

The High Court noted that there are large scale allegations in general in the public domain against such Ayurvedic Spa and Massage centers, and on information, the Police authorities are empowered to conduct inspections. 

If any doubt arises, the Police authorities are bound to conduct inspections in order to verify the business activities and to prevent illegal activities in the premises, added the Court.

Justice Subramaniam said that in order to avoid such instances, the Police authorities are insisting for installation of CCTV cameras in Spa, Ayurvedic and Therapy centers.

Such actions if initiated, then it would be convenient for the authorities to verify the CCTV footages for the purpose of ensuring that such massage centers are conducting lawful business alone, added the Single Judge. 

Justice Subramaniam therefore opined that powers and actions of the law enforcing agencies cannot be curtailed by the Court unnecessarily thereby paving way for any illegal activities by any person in the name of spa or massage centers.

“In urban Areas and Metropolitan Cities like Chennai, Coimbatore, large number of such spas and massage centers are suddenly growing within a short span of period and there are numerous allegations against the business activities of these spas and massage centers and more specifically, the allegations of prostitutions are also frequently received by the police authorities”, observed the Bench. 

The High Court found that in the present case except by stating that the Police authorities are frequently conducting inspections, there would be no cause for the petitioner to seek the relief against the respondents not to interfere with the business. 

The self-claim made by the petitioner that they are conducting lawful business cannot be always trusted upon and the Police authorities are duty bound to verify the same in order to ensure such lawful business in that locality, added the Bench.

Therefore, the High Court directed the respondents to issue appropriate orders to all the Spa and Massage centers, Therapy centers etc., across the State of Tamil Nadu to install CCTV cameras which must be functional in all circumstances.