Punjab-Haryana High Court
Lovepreet Singh vs State Of Punjab And Others on 8 April, 2024
Neutral Citation No:=2024:PHHC:047413
2024:PHHC: 047413
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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124 CRWP-3091-2024
Date of Decision :08.04.2024
Lovepreet Singh
. . . . Petitioner
Vs.
State of Punjab and others
. . . . Respondents
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CORAM: HON'BLE MR JUSTICE DEEPAK GUPTA
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Present: - Mr.A.S. Gulati, Advocate, for the petitioner.
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DEEPAK GUPTA, J.
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 respondents No.5 and 6.
2. Learned counsel contends that the petitioner (subsequently
escaped) along with other detenues mentioned in para No.4 of the petition
were contracted by respondent Nos.5 & 6 as labour on the agricultural land,
who are allegedly detained by respondents No.5 & 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. Sahil R. Bakshi, AAG, Punjab,
accepts notice on behalf of respondent Nos. 1 to 4.
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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
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 of this writ petition.
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7. A copy of this order be sent to respondent No.2 for ensuring
requisite compliance.
(DEEPAK GUPTA)
JUDGE
08.04.2023
PRY
Whether speaking/reasoned : Yes
Whether reportable : No
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