Punjab-Haryana High Court
Gayyur Hasan vs State Of Haryana And Ors on 5 September, 2024
Author: Kirti Singh
Bench: Kirti Singh
KAPIL
2024.09.05 18:18
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
131 CRWP-8648-2024
Decided on :05.09.2024
Gayyur Hasan
.. . Petitioner(s)
Versus
State of Haryana and others
... Respondent(s)
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
PRESENT: Mr. Sham Lal Saha, Advocate
for the petitioner(s).
3 2k ie 2
KIRTI SINGH, J. (Oral)
1. The present writ petition has been filed under Article 226 of the
Constitution of India praying for issuance of writ in the nature of Habeas
Corpus directing the official respondents to get detenues mentioned in
paragraph No.4 of the petition, released from the illegal custody of
respondents No. 4 to 7.
2. Learned counsel appearing on behalf of the petitioner contends
that the petitioner and his family members were contacted by respondent
No.4 for moulding 'kacha bricks' at their Brick Kiln and they reached the
premises of respondent No.4 i.e. Brick Kiln, situated at Village Panchhi, P.S.
Ganaur, District Sonipat to start work. However, they are not being paid
wages, weekly leave and are not being allowed to leave the brick kiln to
work somewhere else. Further, around Rs.1,80,000/- are due against the brick
kiln owner. Counsel further submits that somehow the petitioner managed to
escape the said premises and approached the local police station but police
refused to take any action.
3. Learned counsel appearing on behalf of the petitioner submits
| attest to the accuracy and
integrity of this document
CRWP-8648-2024
that he will be satisfied in case respondent No.2, who is the competent
authority in terms of Section 16 and 17 of the Bonded Labour System
(Abolition) Act, 1976 (hereinafter to be referred as 'the Act of 1976') is
directed to take decision in terms of the judgment rendered by this Court in
the case of Murti v. State of Punjab and others (LPA No. 32 of 2013,
decided on 11.01.2013). The relevant extract of the said judgment reads
thus:
"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 Nos.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 Bounded Labour (Abolition) Act, 1976.
We, however, clarify that the aforesaid observation does not
imean 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 complaint alleging violation of the
provisions of Bonded Labour (Abolition) Act, 1976 is received.
Since the appellant in the instant case has specifically avetred
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, Sangrut,
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."
KAPIL
2024.09.05 18:18
| attest to the accuracy and
integrity of this document
CRWP-8648-2024
4. A further reference is also made to the order passed in the case
of Gurnam Singh v. State of Punjab and others (CRWP No. 4666 of
2020, decided on 08.07.2020), which reads thus:
"Accordingly, this Criminal Writ Petition is disposed of with a
direction to District Magistrate, Fazilka to treat this petition as a
complaint under the Bonded Labour System (Abolition) Act,
1976 and take immediate action in accordance with law, within a
petiod of one week from the date of receiving a certified copy of
this order along with a copy of the writ petition."
5. In view of the above, the instant petition is disposed of with a
direction to the District Magistrate, Sonepat, Haryana, to look into the
grievance of the petitioner, as raised in the instant petition and in case any
substance in the allegations is found true, then to take appropriate action
under the Act of 1976, in accordance with law, within a period of one week
from the date of receipt of a certified copy of this order along with copy of
the criminal writ petition.
6. Criminal Writ Petition is disposed of in terms as aforesaid.
(KIRTI SINGH)
JUDGE
September 05, 2023
Kapil
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
KAPIL
2024.09.05 18:18
| attest to the accuracy and
integrity of this document
