Bano vs State Of Haryana And Others
2025 Latest Caselaw 2814 P&H

Punjab-Haryana High Court

Bano vs State Of Haryana And Others on 1 March, 2025

                                  Neutral Citation No:=2025:PHHC:029332



CRWP No.2125 of 2025                                                       1




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH
128
                                                CRWP No.2125 of 2025
                                            Date of decision: 01.03.2025
Bano
                                                               ....Petitioner
                                  Versus
The State of Haryana and others
                                                             ....Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:     Mr. Aditya Partap Singh, Advocate
             for the petitioner.

HARPREET SINGH BRAR J. (Oral)

1. The present petition has been filed under Article 226 of the

Constitution of India for issuance of a writ in the nature of habeas

corpus for releasing the detenues mentioned in para No.2 of the petition,

alleged to be illegally detained by respondents No.4 to 7.

2. Learned counsel for the petitioner contends that private

respondents had contacted detenues for working at his Brick Kiln for

nikasi of raw bricks i.e. a process to carry out the baked brick or tile

from kiln. The detenues started their work and till date, they have some

outstanding amount pending towards respondent Nos.4 to 7. It is further

contended that the private respondents have forcefully detained the

detenues in the brick kiln and they are being kept under detention from

the last 03 days and are not allowed to move anywhere and respondents

No.4 to 7 are extending threats to the alleged detenues, however, the

petitioner somehow escaped from illegal detention of respondents No.4

to 7.

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Neutral Citation No:=2025:PHHC:029332

3. Learned counsel for the petitioner relies upon the judgment

rendered by a Division Bench of this Court in LPA No.32 of 2013 titled

as Murti Vs. State of Punjab and Others, decided on 11.01.2013 to

contend that as per the ratio decidendi culled out in the said judgment,

respondent No.2 - District Magistrate, Yamuna Nagar has to conduct an

enquiry as per Section 12 of the Bonded Labour System (Abolition) Act,

1976 by treating the present petition as a complaint and to get the

detenues released forthwith, in case they are found to be bonded labour

by private respondents.

4. Notice of motion.

5. Mr. Ramesh Kumar Ambavta, AAG, Haryana, accepts

notice on behalf of official respondents and submits that the official

respondents will look into the matter and will take a decision. Let

sufficient number of copies of the complete paper book be supplied to

counsel opposite during the course of day.

6. In view of the above, instant petition is disposed of with a

direction to respondent No.2 to treat the present writ petition as a

complaint and conduct an enquiry as per Section 12 of the Bonded

Labour System (Abolition) Act, 1976 and in case the detenues are found

in illegal detention of private respondents No.4 to 7, they be released

forthwith.

                                          (HARPREET SINGH BRAR)
                                                 JUDGE
01.03.2025
yakub        Whether speaking/reasoned:              Yes/No

             Whether reportable:                     Yes/No



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