Guljar v. State Of Haryana And Others

CRWP-7597-2026

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-7597-2026 (O&M) Date of decision: 25.06.2026 Guljar ....Petitioner

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Santosh Kumar, 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.3 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 loading and unloading of Katcha Bricks. 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 respondents No.4 to 7 have forcibly detained the detenues in the brick kiln and they are being forced to work without payment of wages.

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 MOHD YAKUB 2026.06.25 16:32 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh.

CRWP-7597-2026 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, 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 respondent. 4.

Notice of motion.

5.

Mr. Rajiv Malhotra, DAG, 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 paperbook 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 shall be released forthwith.

(HARPREET SINGH BRAR) JUDGE 25.06.2026 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2026.06.25 16:32 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh.