Punjab-Haryana High Court
Bittu vs State Of Punjab And Others on 20 September, 2023
Neutral Citation No:=2023:PHHC:123473
CRWP-9374-2023 2023:PHHC:123473
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
119
CRWP-9374-2023
Date of decision: 20.09.2023
Bittu
....Petitioner
Versus
State of Punjab and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Aditya Partap Singh, Advocate for the petitioner
*****
AMAN CHAUDHARY. J.
1. The present petition has been filed under Articles 226/227 of
the Constitution of India for issuance of a writ in the nature of Habeas
Corpus directing the respondent Nos.2 and 3 to get the detenues
mentioned in para No.2 of the petition, released from the illegal
confinement of respondent Nos.4 & 5.
2. Learned counsel contends that the petitioner along with co-
labourers were contracted by respondent Nos.4 & 5 to work in their
premises, thereafter, when the payment as agreed by them was not made
and the petitioner and detenues demanded the same, they were refused
and illegally and forcibly detained against their wishes and consent.
3. Notice of motion.
4. At the asking of the Court, Ms. Himani Arora, AAG Punjab
accepts notice on behalf of respondent Nos. 1 to 3.
5. It is apposite to refer to a judgment passed by Hon'ble
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Division Bench of this Court in LPA No. 32 of 2013 Murti vs. the State
of Punjab and others, decided on 11.01.2013, wherein it has been 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 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."
6. In view of the facts and circumstances of this case and
above referred judicial precedent, this Criminal Writ Petition is disposed
of with a direction to respondent No.2 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
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of this writ petition.
7. A copy of this order be sent to respondent No.2 for ensuring
requisite compliance.
(AMAN CHAUDHARY)
JUDGE
20.09.2023
Ankur
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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