Atal Singh vs State Of Punjab And Ors
2024 Latest Caselaw 19938 P&H

Punjab-Haryana High Court

Atal Singh vs State Of Punjab And Ors on 11 November, 2024

                                   Neutral Citation No:=2024:PHHC:146201




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      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                           CRWP-10833-2024
                                           Date of Decision: 11.11.2024

Atal Singh
                                                                 ..... Petitioner
                   Versus
State of Punjab and Others
                                                              ..... Respondents

CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI

Present:     Mr. Aditya Partap Singh, Advocate
             for the petitioner.

       Mr. Kewal Singh, Addl. A.G., Punjab.
                    ****

AMARJOT BHATTI, J.(oral) Petitioner- Atal Singh has filed criminal writ petition under

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

Habeas Corpus, directing respondents to get release detenues mentioned in

para No. 2 of writ petition, alleging that they are in illegal and unlawful

custody of respondents No. 4 & 5 by appointing a Warrant Officer.

In the petition, there are allegations against respondents No. 4

& 5 for not giving wages to petitioner as well as detenues and it is further

alleged that detenues mentioned in para No.2 of petition are illegally and

forcibly kept by respondents No. 4 & 5 in the premises of Brick Kiln for

doing labour work.

The aforesaid allegations mentioned in the 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 the aforesaid Act. Section 12 of the aforesaid Act cast a duty on every

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Neutral Citation No:=2024:PHHC:146201

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.

Considering the aforesaid provisions, it is the duty of District

Magistrate, District Ludhiana, Punjab 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".

In view of these facts and circumstances, present criminal writ

petition is disposed of with the direction to District Magistrate, District

Ludhiana, Punjab 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 11.11.2024 Sunil Devi

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

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