Punjab-Haryana High Court
Furkhan vs State Of Haryana And Ors on 2 January, 2025
Neutral Citation No:=2025:PHHC:000112
CRWP-
CRWP-33-
33-2025 -1 -
127
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRWP-
CRWP-33-33-2025
Date of Decision: 02.01.2025
FURKHAN ..... Petitioner
Versus
STATE OF HARYANA AND ORS ..... Respondents
CORAM:-
CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present: Mr. Jarnail Singh Saneta, Advocate for the petitioner.
Mr. Rupinder Singh Jhand, Addl. A.G., Haryana.
****
AMARJOT BHATTI, J.(oral)
Petitioner- Furkhan 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 and their families mentioned in
para No.6 of writ petition alleging that they are in illegal and unlawful
custody of respondents No.2 to 4.
In the petition, there are allegations against respondent Nos. 2
to 4 for not giving them their wages which is due since December, 2024. It
is further alleged that they are illegally and forcibly kept in the premises for
doing the labour work without paying any wages and are only providing
ration for their survival.
The aforesaid allegations mentioned in the 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
1 of 2
::: Downloaded on – 03-01-2025 00:12:17 :::
Neutral Citation No:=2025:PHHC:000112
CRWP-
CRWP-33-
33-2025 -2 –
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.
Considering the aforesaid provisions, it is the duty of District
Magistrate, Hisar, Haryana 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“.
In view of these facts and circumstances, present criminal writ
petition is disposed of with the direction to District Magistrate, Hisar,
Haryana 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
02.01.2025
snd
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
2 of 2
::: Downloaded on - 03-01-2025 00:12:18 :::