Punjab-Haryana High Court
Abutalib Miya vs State Of Haryana Through Home Secretary ... on 23 January, 2024
2024:PHHC:008537
136
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Writ Petition No. 729 of 2024
Date of Decision: January 23, 2024
Abutalib Miya
beseee Petitioner
versus
State of Haryana and others
eee Respondents
CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR
kK
Present:- Mr. M.D. Khan, Advocate
for the petitioner
36 2 2
Harpreet Singh Brar, J. (Oral)
1. The present petition has been filed under Article 226 of the
Constitution of India for issuance of a writ in the nature of habeas corpus for
release of detenues as mentioned in para 4 of the petition alleged to be detained
illegally by respondents No. 4 and 5.
2. Learned counsel for the petitioner inter alia contends that
respondents No. 4 and 5 had contacted detenues for laying bricks and some
labour work at the rate of Rs. 490/- per thousand bricks at their Brick Kiln
situated in Village Jaya Gaon, Police Station Chhaisa, District Faridabad. It is
further contended that respondents No. 4 and 5 have forcefully detained the
detenues in their brick kiln and are being forced to work without payment of
wages. The petitioner herein escaped from illegal detention of respondents No. 4
and 5 without any physical harm and made a complaint to respondent No. 2 --
District Magistrate-cum-Deputy Commissioner, Faridabad to get released the
detenues from illegal detention of respondents No. 4 and 5
2024:PHHC:008537
3. Learned counsel for the petitioner relies upon the judgment rendered
by a Division Bench of this Court in LPA No.32 of 2013 titled as Murti Vs.
State of Punjab and others decided on 11.01.2013 to contend that as per the
ratio decidendi culled out in the said judgment, respondent No.2-District
Magistrate has to conduct an enquiry as per Section 12 of the Bonded Labour
System (Abolition) Act, 1976 by treating the representation submitted by the
petitioner as a complaint and to get the detenues released forthwith in case they
are found to be bonded labour by private respondents but till date, no action has
been taken by respondent No.2 on the representation of the petitioner herein.
4. Notice of motion.
5. Ms. Geeta Sharma, DAG Haryana, who is present in Court, accepts
notice on behalf of official respondents and submits that the official respondents
will look into the matter and will take a decision on the representation of the
petitioner. Let sufficient number of copies of the complete paper book be
supplied to him during the course of day.
6. In view of the above, the instant petition is disposed of with a
direction to respondent No. 2 to decide the representation dated 22.01.2024
(Annexure P-2) of the petitioner and conduct an enquiry as per Section 12 of the
Bonded Labour System (Abolition) Act, 1976 and in case the detenues are found
in illegal detention of private respondents No. 4 and 5, they be released
forthwith.
(HARPREET SINGH BRAR)
January 23, 2024 JUDGE
FECT
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
