Punjab-Haryana High Court
Idrish vs State Of Haryana And Ors on 8 November, 2024
CRWP-10805
805-2024 (O&M)
Sr. No.125
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP-10 10805-2024 (O&M)
Date of Decision : 08.11.2024
Idrish ....Petitioner
Versus
State of Haryana and others ...Respondents
CORAM : HON'BLE MS. JUSTICE LAPITA BANERJI
Present : Mr. Chander Shekhar Singhal,, Advocate,
for the petitioner.
Mr. Karan Sharma, DAG, Haryana
Haryana.
***
LAPITA BANERJI,
BANERJI J. (Oral)
Petitioner has filed the present CRWP being 10805
10805-2024 under
Article 226 of the Constitution of India for issuance of a writ in the nature
of Habeas Corpus for the release of detenues mentioned in para No.4 of
criminal writ petition alleging that they are illegally detained by
respondents No.4 to 7. The respondents No.4 to 7 have kept the detenues in
illegal custody.
2. In the petition, the allegations are against respondents No.4 to
7 for not giving them their wages approximately to the tune of Rs.30,000/
Rs.30,000/-
and also for not giving them any payment to buy their ration and medicines
medicines.
It is alleged that they are being harassed and humiliated and forcible work is
being taken from them. Further more, detenues are being mercilessly beaten
up whenever they make request
request for payment of their wages.
3. The aforesaid allegations as mentioned in the petition falls
under the provisions of The Bonded Labour System (Abolition) Act,1976
CRWP-10805
805-2024 (O&M)
and as per Section 10 of the aforesaid Act, the State Government confers
powers and imposes
imposes duty on a District Magistrate of the area to ensure
proper implementation of the aforesaid Act. Under Section 12 of the said
Act, the District Magistrate is under a duty to conduct an inquiry as to
whether after the commencement of this Act any bonde
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, Sonepat Haryana to look
look into the facts and circumstances of the
case and allegations levelled by petitioner. A beneficial reference can be
made to the judgment of the Division Bench of this Court in LPA No.32 of
2013 " Murti versus The State of Punjab and others
others." decided on
11.01.2013.
5. In view of these facts and circumstances, present criminal writ
petition is disposed of with the direction to District Magistrate, Sonepat
Haryana to treat this petition as complaint and to take immediate action in
accordance with
ith law within a period of four weeks from the date of receipt
of certified copy of this order along with copy of writ petition.
(LAPITA BANERJI)
JUDGE
November 088, 2024
vandana
Whether
ther speaking/reasoned : Yes/No
Whether reportable : Yes/No
