CRWP No. 100 of 2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 111 CRWP No. 100 of 2025 DATE OF DECISION :- 08.01.2025 Jaypal ...Petitioner Versus The State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Aditya Partap Singh, Advocate for the petitioner. (Through V.C.) *** SUMEET GOEL , J. (Oral) 1. Through the instant writ of habeas corpus, as instituted under Article 226 of the Constitution of India, the petitioner seeks appointment of a Warrant Officer to visit the spot and to ensure the release of detenus, as enumerated in paragraph No.2 of the writ petition, who have been allegedly illegally detained and forced to work as bonded labour by the private respondent Nos. 4 and 5. 2. This Court has perused the case file. 3. At this stage, notice of motion to the respondents No.1 to 3 only. PARVINDER SINGH 2025.01.08 17:30 I attest to the accuracy and authenticity of this order/judgment CRWP No. 100 of 2025 2 4. Ms. Ankita Ahuja, AAG Haryana waives service of notice on behalf of the respondents No.1 to 3. 5. Hon'ble Division Bench of this Court in ‘Murti versus The State of Punjab and others’, LPA No.32 of 2013, decided on 11.01.2013, has made the hereinafter extracted observations:- “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 labourers. 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 Bonded 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.” 6. Having heard learned counsel for the parties and upon perusal of the paper book, it appears that the petitioner has already preferred an application under Sections 10, 12 & 21 of the Bonded Labour System PARVINDER SINGH 2025.01.08 17:30 I attest to the accuracy and authenticity of this order/judgment CRWP No. 100 of 2025 3 (Abolition) Act, 1976 before Deputy Commissioner, Panchkula (copy whereof has been appended as Annexure P-1 with the present petition). The said Deputy Commissioner is directed to take an expeditious ratiocinated decision thereupon in accordance with law. Disposed of accordingly. (SUMEET GOEL) JUDGE 08.01.2025 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2025.01.08 17:30 I attest to the accuracy and authenticity of this order/judgment