Jogendra vs State Of Punjab And Others
2024 Latest Caselaw 5841 P&H

Punjab-Haryana High Court

Jogendra vs State Of Punjab And Others on 14 March, 2024

                                                         Neutral Citation No:=2024:PHHC:037076




                                                       2024:PHHC:037076
CRWP-2443-2024                                                        1

135       IN THE HIGH COURT OF PUNJAB AND HARYANA
                        CHANDIGARH
                                CRWP-2443-2024 (O&M)
                                Date of Decision: 14.03.2024

JOGENDRA
                                                                 ...Petitioner
                               V/S

STATE OF PUNJAB AND OTHERS
                                                                ...Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Mr. Kapil Khanna, Advocate
         for the petitioner.

          Mr. Rishabh Singla, AAG Punjab.

                       ****
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 search of detenues as mentioned in para 3 of the petition alleged to be

detained illegally by respondents No. 5 and 6.

2. Learned counsel for the petitioner contends that private

respondents had contacted detenues for working at his Brick Kiln for

moulding Kacha Bricks. The detenues started their work and till date, they

have an outstanding amount towards respondents No. 5 and 6. It is further

contended that respondents No. 5 and 6 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. 5 and 6 on 13.03.2024.

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

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2024:PHHC:037076

that as per the ratio decidendi culled out in the said judgment, respondent

No.2-District Magistrate, Sonepat 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. Mr. Rishabh Singla, AAG Punjab, 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, if any, filed by 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 treat the present writ petition as

representation of the petitioner as a complaint 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. 5

and 6, they be released forthwith.

                                                 (HARPREET SINGH BRAR)
14.03.2024                                               JUDGE
Ajay Goswami

                    Whether speaking/reasoned        Yes/No
                    Whether reportable               Yes/No




                                                          Neutral Citation No:=2024:PHHC:037076

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