Arun Kumar v. State Of Punjab And ORS

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 26.12.2024 Arun Kumar . . . Petitioner(s)

Versus

The State of Punjab and others . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Arjun Sheoran, Advocate (through V.C.) for the petitioner(s).

**** SANJAY VASHISTH , J. (Oral) 1.

The present writ petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of writ in the nature of Habeas Corpus directing the official respondents to get detenues mentioned in paragraph No.2 of the petition, released from the illegal custody of respondent No.5.

2.

Learned counsel appearing on behalf of the petitioner contends that the petitioner has filed the present Habeas Corpus before this Court for seeking immediate rescue of 14 bonded labourers (detenues herein), as these detenues/victims belong to a marginalized community and they are unable to approach this Hon'ble Court for redressal of their grievances. Besides, learned counsel contends that the said bonded labouers, the details of which are given in Annexure P-1 appended with present writ petition, are presently working in the BP Brick Kiln, situated at Village Bhurgi Dev Singh, Tehsil Patti, District Tarn Taran, Punjab, which is being run by respondent No.5. 3.

Learned counsel further submits that the detenues/bonded labourers are not being paid any wages for the past two months and are being

- 2 - forced to work more than 15 hours per day. Besides, neither adequate rations are being provided to them for livelihood nor they are being allowed to return to their native places. Thus, petitioner prays for the immediate release of the detenues as per the representation dated 18.12.2024 (Annexure P-3). 4.

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 (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.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 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.

- 3 - of one week from the date of receiving a certified copy of this order alongwith a copy of the writ petition." 5.

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 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." 6.

In view of the above, the instant petition is disposed of with a direction to respondent No.2 - Deputy Commissioner, District Tarn Taran, Punjab, 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. 7.

Criminal Writ Petition is disposed of in terms as aforesaid. (SANJAY VASHISTH) JUDGE December 26, 2024 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No