Punjab-Haryana High Court
Vipin Kumar vs The State Of Haryana And Others on 22 September, 2023
Neutral Citation No:=2023:PHHC:125309
2023:PHHC:125309
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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123 CRWP-9517-2023
Date of Decision.:22.09.2023
Vipin Kumar .....Petitioner
Vs.
The State of Haryana and Others .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Sunil Kumar Pandey, Advocate
for the petitioner.
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DEEPAK GUPTA, J. (ORAL)
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 with request for appointment of a Warrant Officer to visit the spot
and to get the detenues named in para No.4 of the petition released from
illegal custody of respondent Nos.4 to 6.
2. Learned counsel contends that the petitioner (subsequently
escaped) on 19.09.2023 along with other detenue mentioned in para No.4 of
the petition were contracted by respondent Nos.4 to 6 for moulding kacha
bricks for the kiln, who are allegedly detained by respondent Nos.4 to 6
against their wishes and consent as bonded labours and they are not being
paid any wages.
3. Notice of motion.
4. At the asking of the Court, Mr. Parveen Kumar Aggarwal,
DAG, Haryana accepts notice on behalf of respondent Nos. 1 to 3.
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5. 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:-
"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 obliga-
tion 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 dis-
posed 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 along-
with 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
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certified copy of this order along with a copy of this writ petition.
7. A copy of this order be sent to respondent No.2 for ensuring
requisite compliance.
8. A copy of this order be given to counsel for the petitioner under
Bench Secretary of this Court.
(DEEPAK GUPTA)
September 22, 2023 JUDGE
Neetika Tuteja
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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