Punjab-Haryana High Court
Anil vs State Of Punjab And Others on 20 November, 2023
ASHISH
CRWP No.11296 of 2023 (O&M) oe oe 2023:PHHC:147341
149 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRWP No.11296 of 2023 (O&M)
Date of decision : 20.11.2023
Anil Petitioner
versus
The StateofPunjaband others 4... Respondents
CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN
REE
Present :- Mr. Aditya Partap Singh, Advocate
for the petitioner.
REE
PANKAJ JAIN, J. (ORAL)
1 This writ petition in the nature of Habeas Corpus is filed
seeking direction to official respondents to get the detenues (mentioned in
para No. 2 of the petition), released from the illegal detention of
respondents No. 4 & 5.
2 Issue notice of motion.
3 On asking of the Court, Mr. Tarun Aggarwal, Sr. D.A.G.,
Punjab accepts notice on behalf of the official respondents. Requisite
number of copies of the paper-books be handed over to him.
4 A Division Bench of this Court in LPA No. 32 of 2013, titled
as 'Murti Versus The State of Punjab and others', decided on 11.01.2013
has held as under:-
"It may be mentioned here that the allegations of the appellant
in the writ petition are that the alleged detenues mentioned in
para No.3 of the writ petition who are working as labourers at
the brick kiln of respondent No. 4 & 5 are being kept as bonded
labours. There can indeed be no doubt that if a labourer has
2023.11.21 15:27
| attest to the accuracy and
integrity of this judgment/order
CRWP No.11296 of 2023 (O&M) mt 2023:PHHC:147341
been detained as bonded labour, it amounts to an offence
under Sections 16 & 17 of the Bonded Labour (Abolition) Act,
1976. We, however, clarify that the aforesaid observation does
not mean that the allegations levelled by the appellant have
been accepted. Suffice it to observe that under the Act, the
District Magistrate is under statutory obligation to hold a fact
finding enquiry as and when a compliant alleging violation of
the provisions of Bonded Labour (Abolition) Act, 1976 is
received. Since the appellant in the instant case has
specifically averred that the persons mentioned in para No.3 of
the writ petition have been detained as bonded labourers, we
allow this appeal and set aside/modify the order dated
9.1.2013 passed by the learned Single Judge to the extent that
the petitioner's writ petition is disposed of with a direction to
the District Magistrate, Sangrur, to treat this writ petition as a
complaint under the 1976 Act and take immediate action in
accordance with law, within a period of one week from the date
of receiving a certified copy of this order alongwith a copy of
the writ petition."
Accordingly, this Criminal Writ Petition is disposed off with a
direction to respondent No.2 (District Magistrate, Mohali) to consider the
representation dated 14.11.2023 (Annexure P-1) and decide the same in
accordance with law, within a period of one week from the date of receipt of
a certified copy of this order.
(PANKAJ JAIN )
JUDGE
November 20, 2023
ashish
Whether speaking/reasoned Yes/No
ASHISH
2023.11.21 15:27
| attest to the accuracy and
integrity of this judgment/order
Whether Reportable : Yes/No
