Ravi Kumar vs State Of Punjab And Others
2024 Latest Caselaw 17679 P&H

Punjab-Haryana High Court

Ravi Kumar vs State Of Punjab And Others on 23 September, 2024

                143
                          IN THE HIGH COURT OF PUNJAB AND HARYANA
                                   AT CHANDIGARH

                                             CRWP-9305-2024
                                             Date of Decision:- 23.09.2024

                Ravi Kumar                                    ....Petitioner

                                     Vs.

                State of Punjab and Others                    ....Respondents

                CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI

                Present:-      Mr. Chander Shekhar Singhal, Advocate
                               for the petitioner.

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

                                     *****

                AMARJOT BHATTI, J. (Oral)

1. Petitioner - Ravi Kumar 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. 4 of

petitioner at the premises of respondent No. 4 or any other place to be

pointed out by petitioner at the spot and get the detenues released with

their belongings and other household articles from illegal custody of

respondents forthwith.

2. In the petition, there are allegations against respondents

No. 4 and 5 for not giving wages to petitioner and co-labourers. It is

further alleged that all the detenues mentioned in para No. 4 of

petition are family members of petitioner and they are illegally and

forcibly kept by respondents No. 4 and 5 in the premises of Brick Kiln

for doing labour work.

3. 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 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, District 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 direction to District Magistrate,

Mohali District Mohali, 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.

6. Pending miscellaneous application(s), if any, stand

disposed of accordingly.

(AMARJOT BHATTI) JUDGE 23.09.2024 lalit Whether speaking/reasoned : Yes/No Whether reportable : Yes/No