Padam Singh vs State Of Haryana And Ors
2024 Latest Caselaw 19942 P&H

Punjab-Haryana High Court

Padam Singh vs State Of Haryana And Ors on 11 November, 2024

                                   Neutral Citation No:=2024:PHHC:146662




131

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                           CRWP-10924-2024
                                           Date of Decision: 11.11.2024

Padam Singh                                      ..... Petitioner

                   Versus

State of Haryana and Others                      ..... Respondents

CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI

Present:    Mr. Santosh Kumar, Advocate
            for the petitioner.

            Mr. Kanwar Sanjiv Kumar, AAG, Haryana.

                 ****

AMARJOT BHATTI, J.(oral)

Petitioner - Padam Singh has filed criminal writ petition

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

of Habeas Corpus and for appointment of Warrant Officer with a roving

writ to search for detenues mentioned in para No. 3 of petition, alleging

that they are in illegal and unlawful custody of respondents No. 4 & 5.

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. 3 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 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

1 of 2

Neutral Citation No:=2024:PHHC:146662

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 Ambala, 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

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 11.11.2024 lalit

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

2 of 2