Billu vs State Of Punjab And Ors
2024 Latest Caselaw 20404 P&H

Punjab-Haryana High Court

Billu vs State Of Punjab And Ors on 18 November, 2024

                                   Neutral Citation No:=2024:PHHC:149816



CRWP-11120-2024           -1-



131

         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH

                                           CRWP-11120-2024
                                           Date of Decision: 18.11.2024

BILLU                                                        .... Petitioner
             Versus


STATE OF PUNJAB AND ORS                                ..... Respondents

CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI

Present:     Mr. Ajit Kumar Sharma, Advocate for Mr. C.S. Singhal,
             Advocate for the petitioner.

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

                   ****

AMARJOT BHATTI, J.(oral)

1. Petitioner- Billu has filed criminal writ petition under Article

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

Corpus for the release of detenues mentioned in para No.4 of writ petition

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

and 5.

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

and 5 for not giving them their wages and approximately Rs.60,000/- are

due against them. Respondent Nos.4 and 5 have obtained thumb marks of

petitioner as well as detenues on blank papers. It is further alleged that they

are illegally and forcibly kept in the premises for doing the labour work.

3. 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

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Neutral Citation No:=2024:PHHC:149816

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

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, Mohali, 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".

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

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

Punjab to treat this petition as complaint and to take immediate action in

accordance with law within a period of three week from the date of receipt

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

(AMARJOT BHATTI) JUDGE 18.11.2024 snd

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

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