Punjab-Haryana High Court
Vikas vs State Of Punjab Thr Home Sect. And Others on 30 December, 2024
Neutral Citation No:=2024:PHHC:172447
CRWP-12695-2024 1
117 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRWP-12695-2024
DECIDED ON: 30.12.2024
VIKAS .....PETITIONER
VERSUS
STATE OF PUNJAB AND OTHERS .....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE VIKRAM AGGARWAL.
Present: Mr. Sarvesh Kumar Gupta, Advocate
for Mr. D.C.Dhaula, Advocate
for the petitioner.
VIKRAM AGGARWAL, J (ORAL)
1. This petition has been filed under Articles 226/227 of the Constitution
of India for issuance of a writ in the nature of Habeas Corpus to appoint a Warrant
Officer and to search for the detenues mentioned in para No.4 of the writ petition at
the premises of the Brick Kiln of respondents No.4 and 7 or at any other place to be
pointed out by the petitioner at the spot and get the detenues released with their
belongings from the illegal custody of respondents No.4 to 7 forthwith.
2. Notice of motion to the official respondents only.
3. Mr. Brijesh, AAG, Punjab, who is present in Court, accepts notice on
behalf of the official respondents.
4. Learned counsel for the petitioner has restricted his prayer to the extent
that the present petition be disposed of with a direction to respondent No.2-District
Magistrate-cum-Deputy Commissioner, Rupnagar 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 stipulated period.
5. A Division Bench of this Court in LPA No.32 of 2013, titled ‘Murti
versus The State of Punjab and others‘, has held as under:-
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Neutral Citation No:=2024:PHHC:172447CRWP-12695-2024 -2-
“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 1 of 2
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 Bonded Labour
(Abolition) Act, 1976. We, however, clarify that the aforesaid
observation does not 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 complaint 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 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.”
Accordingly, this Criminal Writ Petition is disposed of with a direction
to respondent No.2-District Magistrate-cum-Deputy Commissioner, Rupnagar, 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 period of one week
from the date of receipt of a certified copy of this order alongwith a copy of the writ
petition.
(VIKRAM AGGARWAL)
30.12.2024 JUDGE
mamta
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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