ROHTASH AND 16 OTHERS v. DISTRICT MAGISTRATE SHAMLI AND 2 OTHERS
HABC/80/2025 · 2025-02-11
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14223 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14223 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20009 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 80 of 2025 Petitioner :- Rohtash And 16 Others Respondent :- District Magistrate Shamli And 2 Others Counsel for Petitioner :- Rajendra Kumar Misra Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State.
2. Learned A.G.A. has already accepted notice on behalf of respondent nos.1 and 2.
3. The present petition has been filed with following prayer:-
"I) Issue a writ, order or direction in the nature of Mandamus directing the respondents to produce the petitioners before this Hon'ble Court and/or forthwith get the petitioners release and rescued from the illegal custody and forced labour camp and bondage of respondent no. 3. (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 1 and 2 commanding them to get registered complaint before the appropriate authorities for punishing respondent no.3 and for payment of dues wages to the petitioners."
4. The grievance of the petitioners is that the respondent no. 3 is illegally detaining the petitioner nos. 1 to 17, who were allegedly engaged as bonded labourers in his brick kiln and the District Administration has refused to extend any help to procure the corpuses/petitioner nos. 1 to 17 and thus a direction in the nature of habeas corpus may be issued to respondent nos. 1 and 2 to extend help to procure the corpuses/petitioner nos. 1 to 17.
5. Taking note of the submissions of learned counsel for the parties, there is no useful purpose to keep this petition pending, therefore, it is provided that District Magistrate, Shamli and S.S.P./S.P., Shamli shall enquire into the matter and if the
contentions of the petitioners are found to be correct, they shall do the needful and ensure their release from the illegal custody of respondent no. 3 expeditiously without unreasonable delay, in accordance with law.
6. However, it will be open to the concerned authorities to take legal action against the petitioners in the event the allegations are found to be incorrect.
7. With these observation, this petition is disposed of finally.
8. Let a copy of this order be given to the learned A.G.A. to ensure the compliance of this order.
Order Date :- 11.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad