Mukesh v. State Of Punjab And Others

CRWP No.1670 of 2021 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP No.1670 of 2021 Date of decision:17.02.2021 Mukesh ... Petitioner Vs.

The State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Aditya Partap Singh, Advocate, for the petitioner. SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

This petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus seeking appointment of Warrant Officer for the release of the detenues, mentioned in para No.2 of the petition, from the illegal detention of respondent Nos.4 and 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: "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. 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 SAVITA KADIAN 2021.02.17 16:44 I attest to the accuracy and integrity of this document High Court Chandigarh

CRWP No.1670 of 2021 {2} 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 setaside/ 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."

Accordingly, this Criminal Writ Petition is disposed of with a direction to District Magistrate, S.B.S.Nagar (Punjab) 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 along with a copy of the writ petition.

February 17, 2021 (SUVIR SEHGAL) savita JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2021.02.17 16:44 I attest to the accuracy and integrity of this document High Court Chandigarh