134 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-7521-2025 Date of decision: 14.07.2025 GURJANT SINGH ...PETITIONER V/S STATE OF PUNJAB AND OTHERS ...RESPONDENTS CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Sarvesh Kumar Gupta, Advocate for the petitioner. **** HARPREET SINGH BRAR, J. (ORAL) 1. The present petition has been filed under Article 226 of Constitution of India for issuance of a writ in the nature of habeas corpus for release of detenues as mentioned in para No.3 of the petition, alleged to be detained illegally by respondent Nos.4 to 7. 2. Learned counsel for the petitioner contends that private respondents had contacted the petitioner and detenues for working at their brick kiln for moulding kacha bricks at the rate of Rs.230/- per thousand in second week of January, 2025 and other terms and conditions i.e. suitable accommodation, medical aid etc. However, the private respondents turned hostile towards the petitioner and detenues and did not allow them to move anywhere from the brick kiln. Further, the private respondents did not pay any wages to them for the last three weeks, as such, the private respondents and their men violated the mandatory provisions of Bounded Labourer System Abolition Act, 1976. Learned counsel further submits that four detenues were illegally detained by private respondents and their household articles were also snatched and an amount of Rs.90,000/- is also kept with them. MANISHA 2025.07.14 19:10 I attest to the accuracy and integrity of this document CRWP-7521-2025 2 3. Learned counsel for the petitioner relies upon the judgment rendered by a Division Bench of this Court in LPA No.32 of 2013 titled as Murti Vs. State of Punjab and Others, decided on 11.01.2013 to contend that as per the ratio decidendi culled out in the said judgment, respondent No.2- District Magistrate has to conduct an enquiry as per Section 12 of the Bonded Labour System (Abolition) Act, 1976 by treating the present petition as a complaint and to get the detenues released forthwith, in case they are found to be bonded labour by private respondents. 4. Notice of motion. 5. Mr. Sandeep Kumar, DAG, Punjab, who is present in Court, accepts notice on behalf of official respondents and submits that the official respondents will look into the matter and will take a decision. Let sufficient number of copies of the complete paper book be supplied to him during the course of day. 6. In view of the above, instant petition is disposed of with a direction to respondent No.2 to treat the present writ petition as a complaint and conduct an enquiry as per Section 12 of the Bonded Labour System (Abolition) Act, 1976 and in case the detenues are found in illegal detention of private respondents i.e. respondent Nos.4 to 7, they be released forthwith. (HARPREET SINGH BRAR) July 14, 2025 JUDGE manisha (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No MANISHA 2025.07.14 19:10 I attest to the accuracy and integrity of this document