Punjab-Haryana High Court
Joni vs State Of Punjab And Others on 4 October, 2023
Neutral Citation No:=2023:PHHC:128446
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2023:PHHC:128446
CRWP-9787-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
123
CRWP-9787-2023
Date of Decision:-04.10.2023
Joni
......Petitioner
Versus
State of Punjab and others
......Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
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Present: Mr. Sunil Kumar Pandey, Advocate for the petitioner.
Mr. Siddharth Attri, AAG, Punjab.
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ALOK JAIN, J. (Oral)
1. The present petition has been filed under Article 226 of the
Constitution of India praying for issuance of a writ in the nature of Habeas
Corpus for appointment of a Warrant Officer to release the detenues namely
Sangeeta and Rasi, who have been taken into illegal custody by respondents
No.4 and 5.
2. Notice of motion.
3. At the asking of the Court, Mr. Siddharth Attri, AAG, Punjab
accepts notice on behalf of respondent Nos. 1 to 3.
4. It is apposite to refer to a judgment passed by Hon'ble Division
Bench of this Court in LPA No. 32 of 2013, Murti vs. State of Punjab and
others, decided on 11.01.2013, wherein it has been held as under:-
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CRWP-9787-2023
"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 Nos.4 & 5 are being kept as
bonded labourers. There can indeed be no doubt that if a
labourer has 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 complaint 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."
5. In view of the facts and circumstances of this case and above
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referred judicial precedent, this Criminal Writ Petition is disposed of with a
direction to respondent No.2-District Magistrate, Ludhiana to treat this
petition as a complaint under the Bonded Labour System (Abolition) Act,
1976 and take immediate action in accordance with law within a period of
one week from the date of receipt of certified copy of this order along with
a copy of this writ petition.
6. A copy of this order be sent to respondent No.2 for ensuring
requisite compliance.
(ALOK JAIN)
JUDGE
October 04, 2023
Parul
Whether speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
Neutral Citation No:=2023:PHHC:128446
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