Bano v. State Of Haryana And Others

CRWP No.2125 of 2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 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.

MOHD YAKUB 2025.03.01 15:21 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CRWP No.2125 of 2025 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 MOHD YAKUB 2025.03.01 15:21 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh