Ansaar vs State Of Haryana And Ors on 23 December, 2024

Punjab-Haryana High Court

Ansaar vs State Of Haryana And Ors on 23 December, 2024

                                Neutral Citation No:=2024:PHHC:172207




         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH
116
                                                      CRWP-12541-2024
                                                      Decided on : 23.12.2024

Ansaar
                                                              . . . Petitioner(s)
                                        Versus
The State of Haryana and others
                                                           . . . Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

PRESENT: Mr. Balwan Singh, Advocate
         for the petitioner.
                              ****

SANJAY VASHISTH,
       VASHISTH J. (Oral)

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

Constitution of India praying for issuance of writ in the nature of Habeas

Corpus directing
directing the official respondents to get detenues mentioned in

paragraph No.4
No. of the petition, released from the illegal custody of

respondents No.5 to 7.

2. Learned counsel appearing on behalf of the petitioner contends

that the petitioner as well as the other
other detenues so mentioned in the petition

had been engaged by respondent No. 5 at his Brick Kiln, situated at Village

Kanheri, Tehsil Tohana, District Fatehabad, Haryan
Haryana,, to work as labourers

for preparing raw bricks. He further contends that respondent No.5 has not

made the agreed payment and detenues have been illegally detained by

respondents No.5 to 7.

3. Learned counsel appearing on behalf of the petitioner submits

that he will be satisfied in case respondent No.2, who is the competent

authority in terms of Section 16 and 17 of the Bonded Labour System

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(Abolition) Act, 1976 (hereinafter to be referred as ‘the Act of 1976’) is

directed to take decision in terms of the judgment rendered by this Court in

the case of Murti v. State of Punjab and others (LPA No. 32 of 2013,

decided on 11.01.2013). The relevant extract of the said judgment reads

thus:

“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 working as labourers at
the brick kiln of respondent Nos.5 to 7 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 Bounded 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 writ 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.”

4. A further reference is also made to the order passed in the case

of Gurnam Singh v. State of Punjab and others (CRWP No. 4666 of

2020, decided on 08.07.2020), which reads thus:

“Accordingly, this Criminal Writ Petition is disposed of with a

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direction to District Magistrate, Fazilka 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 receiving a certified copy
of this order along with a copy of the writ petition.”

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

direction to respondent No.2-District Magistrate, Fatehabad, Haryana, to

look into the grievance of the petitioner, as raised in the instant petition and

in case any substance in the allegations is found true, then to take appropriate

action under the Act of 1976, in accordance with law, within a period of one

week from the date of receipt of a certified copy of this order along with

copy of the criminal writ petition.

6. Criminal Writ Petition is disposed of in terms as aforesaid.

(SANJAY VASHISTH)
JUDGE
December 23, 2024
Rashmi

Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No

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