Raj Kumar vs State Of Punjab And Others
2024 Latest Caselaw 17435 P&H

Punjab-Haryana High Court

Raj Kumar vs State Of Punjab And Others on 19 September, 2024

                                   Neutral Citation No:=2024:PHHC:123940



CRWP-9205-2024                  -1-



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     IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDI-
                            GARH

                                           CRWP-9205-2024
                                           Date of Decision: 19.09.2024

RAJ KUMAR                                                    ..... 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)

1. Petitioner- Raj Kumar 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.2 of writ

petition alleging that they are in illegal and unlawful custody of respondent

No.4.

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

that petitioner and detenues, in the month of August, 2024, had contacted

for manufacturing kachha bricks at brick kiln at the rate of Rs.850/- per

thousand bricks but till date work has not been started. Respondent No.4 is

not allowing detenues to go Home or to work anywhere else. He is not

making payment of their wages. 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

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Neutral Citation No:=2024:PHHC:123940

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

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, Jalandhar, 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, Jalandhar,

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

accordance with law within a period of two weeks from the date of receipt

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

(AMARJOT BHATTI) JUDGE 19.09.2024 snd

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

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