CRWP-2744-2025(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 149 CRWP-2744-2025(O&M) Date of Decision: 19.03.2025 SANJIV ....Petitioner VERSUS STATE OF HARYANA AND ORS. ....Respondents CORAM : HON’BLE MRS. JUSTICE MANISHA BATRA Present : Mr. Chander Shekhar Singhal, Advocate for the petitioner. Mr. Neeraj Poswal, AAG, Haryana. MANISHA BATRA, J. (Oral) 1. This petition has been filed under Article 226 of the Constitu- tion of India seeking issuance of a writ in the nature of Habeas Corpus directing official respondents to get the detenues, mentioned in para No. 4 of the petition, released from the illegal detention of respondents No. 4 to 6, who are brick kiln owner, Contractor and Mushi, respectively of Batha Marka Bharat situated at village Shadipur Tehsil Julana District Jind, Haryana. 2. Learned counsel for the petitioner submits that the detenues have been working at the brick kiln of respondents No. 4 to 6 since 01.07.2024 without any wages and have been illegally detained by them. 3. Notice of motion. 4. Mr. Neeraj Poswal, AAG, Haryana who is present in Court, accepts notice on behalf of the respondent-State. Let a complete set of the paperbook be supplied to him during the course of the day. Deepak Patwal 2025.03.21 09:31 I attest to the accuracy and integrity of this document CRWP-2744-2025(O&M) 2 5. I have heard learned counsel for the parties and have also gone through the material placed on record. 6. A Division Bench of this Court, while dealing with a similar case in LPA No. 32 of 2013, decided on 11.01.2013, titled as Murti versus The State of Punjab and others, has observed that 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. It was further observed that the District Magistrate concerned is under statutory obligation to hold a fact finding enquiry as and when a complaint alleging violation of the provisions of the aforesaid Act is received. Accordingly, this Criminal Writ Petition is disposed of with a direction to District Magistrate, Jind, Haryana to treat this petition as a complaint under the Bonded Labour System (Abolition) Act, 1976 and take immediate action in accordance with law for the release of the alleged detenues, within a period of one week from the date of receipt of a certified copy of this order along with a copy of the writ petition. ( MANISHA BATRA ) 19.03.2025 JUDGE Deepak Patwal 1. Whether speaking/reasoned Yes/No 2. Whether reportable Yes/No Deepak Patwal 2025.03.21 09:31 I attest to the accuracy and integrity of this document