Bijendra Kumar vs State Of Haryana And Ors
2024 Latest Caselaw 19452 P&H

Punjab-Haryana High Court

Bijendra Kumar vs State Of Haryana And Ors on 5 November, 2024

                                    Neutral Citation No:=2024:PHHC:143721


CRWP-10668-2024                                                        -2-




129         IN THE HIGH COURT OF PUNJAB & HARYANA
                      AT CHANDIGARH

                                        CRWP-10668-2024
                                        Date of decision: 05.11.2024

Bijendra Kumar                                 ....Petitioner

                                  Versus

State of Haryana and others                      ....Respondents

CORAM: HON'BLE MRS. JUSTICE AMARJOT BHATTI

Present:    Mr. Hardiyal Singh Batth, Advocate
            for the petitioner.

            Mr. Rupinder Singh Jhand, Addl. A.G. Haryana.
                 ****

AMARJOT BHATTI, J. (Oral)

1. Petitioner - Bijendra Kumar has filed criminal writ petition

under Article 226 of Constitution of India for issuance of writ in the nature

of Habeas Corpus for release of detenue mentioned in para No. 4 and

warrant officer may be appointed to locate detenue at premises of Brick

Kiln Marka KBC, situated at Village Modhpur, Police Station Saha,

District Ambala.

2. In the petition, there are allegations against respondent No. 4

for not giving wages to petitioner and co-workers. It is further alleged that

detenue namely Amit son of Feru as mentioned in para No. 4 of petition is

illegally and forcibly kept by respondent No. 4 in the premises of Brick

Kiln for doing labour work.

3. The aforesaid allegations mentioned in petition falls under the

provisions of The Bonded Labour System (Abolition) Act, 1976 and as per

Section 10 of the aforesaid Act, the State Government confers powers and

imposes duty on a District Magistrate to ensure proper implementation of 1 of 2

Neutral Citation No:=2024:PHHC:143721

the aforesaid Act. Section 12 of the aforesaid Act cast a duty on every

District Magistrate and every officer specified by him under Section 10 to

inquire whether after the commencement of this Act any bonded labour

system or any other form of forced labour is being enforced by or on behalf

of any person resident within the local limits of his jurisdiction.

4. Considering the aforesaid provisions, it is the duty of District

Magistrate, Ambala, Haryana, to look into the facts and allegations levelled

by petitioner. Gainful reference can be made to the judgment of the

Division Bench of this Court in LPA No. 32 of 2013 titled "Murti versus

The State of Punjab and others".

5. In view of these facts and circumstances, present criminal writ

petition is disposed of with direction to District Magistrate, District

Ambala, Haryana to treat this petition as complaint and to take immediate

action in accordance with law within a period of three weeks from the date

of receipt of certified copy of this order along with copy of writ petition.

(AMARJOT BHATTI) JUDGE 05.11.2024 monika

1. Whether speaking/ reasoned : Yes /No

2. Whether reportable : Yes /No

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