CRWP-6796-2025 147 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Shakti Singh The State of Haryana CORAM : HON’BLE MR. JUSTICE Present: Mr. Aditya Partap Singh HARKESH MANUJA 1. By way of present petition filed under of India, petitioner seeks issuance of a direction in the nature of habeas corpus for the release of detenues and articles petition. 2. It is a case of the petitioner that the detenu the present petition have been illegally detained by respondent No still in illegal detention of the aforesaid respondent. Petitioner has also shown his/her relationship with that of detenues. 3. Notice of moti 4. On asking of the Court, Mr. Amit Aggarwal, DAG Haryana, accepts notice on behalf of the respondent 5. In LPA No.32 of 2013 titled others” following order was passed by the Hon’ble Division Bench of this 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP Date of Decision : VERSUS The State of Haryana and Others HON’BLE MR. JUSTICE HARKESH MANUJA Mr. Aditya Partap Singh, Advocate for the petitioner. -.- HARKESH MANUJA, J. (ORAL) By way of present petition filed under of India, petitioner seeks issuance of a direction in the nature of habeas corpus for the release of detenues and articles as mentioned in para no.2 It is a case of the petitioner that the detenu the present petition have been illegally detained by respondent No still in illegal detention of the aforesaid respondent. Petitioner has also shown his/her relationship with that of detenues. Notice of motion. On asking of the Court, Mr. Amit Aggarwal, DAG Haryana, accepts notice on behalf of the respondent - State. In LPA No.32 of 2013 titled “Murti vs The State of Punjab and following order was passed by the Hon’ble Division Bench of this -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-6796-2025 (O&M) Date of Decision : 25.06.2025 ....Petitioner ....Respondents HARKESH MANUJA , Advocate for the petitioner. By way of present petition filed under Article 226 of the Constitution of India, petitioner seeks issuance of a direction in the nature of habeas corpus for as mentioned in para no.2 of the present It is a case of the petitioner that the detenues as shown in para no.2 the present petition have been illegally detained by respondent Nos.4 and 5 and are still in illegal detention of the aforesaid respondent. Petitioner has also shown On asking of the Court, Mr. Amit Aggarwal, DAG Haryana, accepts Murti vs The State of Punjab and following order was passed by the Hon’ble Division Bench of this Court: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Article 226 of the Constitution of India, petitioner seeks issuance of a direction in the nature of habeas corpus for of the present 2 of 5 and are still in illegal detention of the aforesaid respondent. Petitioner has also shown On asking of the Court, Mr. Amit Aggarwal, DAG Haryana, accepts Murti vs The State of Punjab and Court:- TRIPTI SAINI 2025.06.25 15:40 I attest to the accuracy and integrity of this document CRWP-6796-2025 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 a 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 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 provisi 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- 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 tak 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. In view of aforesaid, this petition is disposed of with a direction to the District Magistrate, petition as a complaint under the Bonded Labour (Abolition) Act, 1976 and to take immediate action in accordance with law within a period of one week from the date of receipt of certi also attached along with the order. 7. Pending application(s), if any, also stand disposed of June 25, 2025 tripti 2025 (O&M) “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 a 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 provisi 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 -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 tak 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.” In view of aforesaid, this petition is disposed of with a direction to the Magistrate, Yamuna Nagar (Haryana)-respondent No.2 to treat the present petition as a complaint under the Bonded Labour (Abolition) Act, 1976 and to take immediate action in accordance with law within a period of one week from the date of receipt of certified copy of this order. Copy of the also attached along with the order. Pending application(s), if any, also stand disposed of Whether speaking/non-speaking : Speaking Whether reportable : YES/NO -2- “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 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 /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.” In view of aforesaid, this petition is disposed of with a direction to the respondent No.2 to treat the present petition as a complaint under the Bonded Labour (Abolition) Act, 1976 and to take immediate action in accordance with law within a period of one week from the fied copy of this order. Copy of the criminal writ petition be Pending application(s), if any, also stand disposed of. (HARKESH MANUJA) JUDGE speaking : Speaking Whether reportable : YES/NO “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 s 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 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 ons 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 /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 e immediate action in accordance with law, within a period of one week from the date of receiving a certified In view of aforesaid, this petition is disposed of with a direction to the respondent No.2 to treat the present petition as a complaint under the Bonded Labour (Abolition) Act, 1976 and to take immediate action in accordance with law within a period of one week from the petition be TRIPTI SAINI 2025.06.25 15:40 I attest to the accuracy and integrity of this document