Punjab-Haryana High Court
Rahul vs State Of Haryana And Others on 24 April, 2023
Neutral Citation No:=2023:PHHC:057245
2023:PHHC:057245
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
217
CRWP-3658-2023 (O&M)
Decided on : 24.04.2023
Rahul . . . Petitioner(s)
Versus
State of Haryana and others . . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Hardial Singh Batth, Advocate for the petitioners.
Mr. Pawan Kumar Jhanda, AAG, Haryana.
****
SANJAY VASHISTH, J. (Oral)
1. In the present habeas corpus petition, on 17.04.2023, following
order was passed:-
"Present: Mr. Hardial Singh Batth, Advocate
for the petitioner.
***
1. Prayer in this petition, filed under Article 226 of the
Constitution of India, is for issuance of a writ in the nature of
habeas corpus.
2. Learned counsel for the petitioner submits that in the
premises of respondent No. 4 i.e. Brick Kiln Marka O & M,
situated at Village Dodwa, Police Station Sadar Gohana,
District Sonipat, about 18 persons mentioned at paragraph
No. 4 of the petition have been illegally detained. Counsel
also submits that earlier he had filed one writ petition No.
2968 of 2023 and vide order dated 24.03.2023 same was
disposed of by co-ordinate Bench of this Court with further
direction to respondent No. 2-District Magistrate, Sonipat to
treat the petition (CRWP-2968-2023) as a complaint under
Bonded Labour (Abolition) Act, 1976 and then to take
immediate action in accordance with law within a period of
two weeks from the date of receiving of copy of the order
alongwith copy of the writ petition. Said complaint was
required to be decided in view of the judgment passed by this
Court in case 'Murti versus The State of Punjab and
others' LPA No. 32 of 2013, decided on 11.01.2023.
3. Counsel further submits that despite of said specific
directions, no steps have been taken.
4. Notice of motion.
5. On asking of the Court, Mr. Pawan Kumar Jhanda,
AAG, Haryana, accepts notice on behalf of respondents-
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State. He seeks time to get necessary instructions regarding
the finding out the reasons, as to for what reason District
Magistrate, Sonipat has not complied with the earlier
directions passed by this Court CRWP No. 2968-2023.
6. Adjourned to 20.04.2023."
2. Today, Mr. Pawan Kumar Jhanda, AAG, Haryana, has placed
on record copy of memo No. 3428/ MB dated 19.04.2023 alongwith Joint
enquiry report and statements of Rohit Malik and some other persons
recoded in Hindi vernacular, which has been forwarded by the office of
District Magistrate, Sonepat to the office of learned Advocate General,
Haryana. Copy of the memo No. 3428/ MB dated 19.04.2023, joint enquiry
report and statements are taken on record. Registry is directed to tag the
same at appropriate place.
3. Copy thereof has also been handed over to the counsel for the
petitioner in the Court today itself.
4. Memo No. 3428/MB dated 19.04.2023 is reproduced here
below:-
"From
District Magistrate, Sonepat
To
The Advocate General, Haryana
Chandigarh
Memo No.3428/ MB Dated 19-04-2023
Subject:-CRWP No. 3658 of 2023 Rahul v/s State of Haryana & ors.
In this regard, it is intimated that the above cited case is
pending before the Hon'ble High court for adjudication and fixed for
hearing on 20.04.2023. However, a case bearing CRWP No. 2968 of
2023 had also filed by the same petitioner & the same was disposed
of by the Hon'ble court vide order dated 24.03.2023 and issued
directions to the undersigned to treat the petition as a complaint
under the Bonded Labour System (Abolition) Act 1976 and take
immediate action in accordance with law within a period of two
weeks from the date of receiving copy of this order.
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The Sub Divisional Officer (C), Sonipat was deputed as
Executive Magistrate and directed to inspect the site and do the
needful. The Sub Divisional Officer (C), Sonipat constituted the
committee comprising the Tehsildar, Sonipat, the Labour Inspector,
Sonipat, the Inspector Food & Supply Department, Sonipat and the
SHO, Police Station Sadar Gohana. The above said committee
members visited the site of the Brick kiln M/s Marka O & M,
Situated at village Dodwa P.S. Sadar Gohana District Sonepat on
18.04.2023 and submitted their report (copy attached) that neither
the complainant/petitioner nor persons mentioned in the petition nor
any evidence of illegal detention/bonded labour was found on the
spot. Further, during the inspection of the site, Joint statement of
workers found present on the spot namely Sh. Kapil S/o Sh. Rajpal,
Sh. Raju S/o Sh. Nanwa, Sh. Aakash S/o Sh. Raju were also recorded
and as per their statement they are all working at the Kiln M/s
Marka O & M Village Dodwa Tehsil & District Sonipat and the
persons mentioned in the Complaint/Present writ petition never
came for doing work at the kiln. No worker has been taken hostage
at this Kiln.
Thus, as the petitioner/complainant and members mentioned
in the present petition were not found present at the spot/site and the
case of the bonded labour was also not detected during the thorough
inspection conducted by the Committee members. So, no question of
any interim relief arose.
In view of the submissions made above, it is humbly prayed
that the present Criminal Writ Petition may kindly be dismissed with
costs in the interest of justice.
Submitted for your kind information please.
DA/as above District Magistrate, Sonepat"
5. In view of the said letter issued by the office of District
Magistrate, Sonepat, learned counsel for the petitioner seeks withdrawal of
the present petition with liberty to seek an appropriate remedy as available
to him, under the provisions of law.
6. In view of the above, present petition stands disposed of with
the liberty aforementioned.
(SANJAY VASHISTH)
JUDGE
24.04.2023
Riya
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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