Sanjay vs State Of Haryana And Ors
2024 Latest Caselaw 19075 P&H

Punjab-Haryana High Court

Sanjay vs State Of Haryana And Ors on 29 October, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                    CHANDIGARH

             134                                         CRWP-10543-2024
                                                         Date of decision: 29.10.2024

             SANJAY                                                          .... PETITIONER(S)

                                                               VERSUS

             STATE OF HARYANA AND ORS                                          ...RESPONDENT(S)

             CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

             Present:                 Mr. Chandra Shekhar Singh, Advocate
                                      for the petitioner(s).

                       ****
             JASJIT SINGH BEDI, J. (Oral)

1. Instant criminal writ petition under Article 226 of the

Constitution of India has been preferred for issuance of a writ in the nature

Habeas Corpus to release the detenues (as mentioned in para No.4 of the

present petition), who are stated to be illegally detained by respondents No.4

to 7 in the brick kiln owned by respondent No.4.

2. A Division Bench of this Court in LPA No. 32 of 2013, titled as

Murti Versus The State of Punjab and others, has held as under:-

''It may be mentioned here that the allegations of the appellant in the writ petition are that the alleged detenues mentioned in para No.3 of the writ petition who are working as labourers at the brick kiln of respondent No. 4 & 5 are being kept as bonded labours. There can indeed be no doubt that if a labourer has been detained as bonded labour, it amounts to an offence under Sections 16 & 17 of the Bonded Labour (Abolition) Act, 1976. We, however, clarify that the aforesaid observation does not

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mean that the allegations levelled by the appellant have been accepted. Suffice it to observe that under the Act, the District Magistrate is under statutory obligation to hold a fact finding enquiry as and when a compliant alleging violation of the provisions of Bonded Labour (Abolition) Act, 1976 is received. Since the appellant in the instant case has specifically averred that the persons mentioned in para No.3 of the writ petition have been detained as bonded labourers, we allow this appeal and set aside/modify the order dated 9.1.2013 passed by the learned Single Judge to the extent that the petitioner's writ petition is disposed of with a direction to the District Magistrate, Sangrur, to treat this writ petition as a complaint under the 1976 Act and take immediate action in accordance with law, within a period of one week from the date of receiving a certified copy of this order alongwith a copy of the writ petition.''

3. Accordingly, this Criminal Writ Petition is disposed of with a

direction to District Magistrate, Sonipat, Haryana to treat this petition as a

complaint under the Bonded Labour (Abolition) Act, 1976 and take

immediate action in accordance with law, within a period of one week from

the date of receipt of a certified copy of this order along-with a copy of the

writ petition.

                                                                       (JASJIT SINGH BEDI)
             29.10.2024                                                   JUDGE
             Kusum


                                      Whether speaking/reasoned        Yes/No
                                      Whether Reportable               Yes/No



authenticity of this order/judgment
Punjab & Haryana High Court, CHD