CRWP-8140-2025 (O&M) 148 IN THE HIGH COURT OF PUNJAB AND HARYANA AT Princepal Singh State of Punjab CORAM: Present: SUMEET GOEL 1. Article 226 of the respondents to release the detenues mentioned in para no.4; and further prayed to set them free from the illegal bondage of respondent No.4 and accomplices. 2. 3. 4. of the respondents No.1 to 5. of Punjab and others’, LPA No.32 of 2013, the hereinafter extracted observations: 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP Date of decision: Princepal Singh versus State of Punjab and others HON’BLE MR. JUSTICE SUMEET GOEL Mr. A.S. Gulati, Advocate for the petitioner. ***** SUMEET GOEL, J. (ORAL) Through the instant writ of habeas corpus, as instituted under Article 226 of the Constitution of India, the petitioner seeks to release the detenues mentioned in para no.4; and further prayed to set them free from the illegal bondage of respondent No.4 and accomplices. This Court has perused the case file. At this stage, notice of motion to the respondents No.1 to Mr. Jasjit Singh, DAG Punjab waives service of notice on of the respondents No.1 to 3. Hon'ble Division Bench of this Court in of Punjab and others’, LPA No.32 of 2013, decided on 11.01.2013, 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 be no doubt that if a labourer has labour, it amounts to an offence under 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-8140-2025 (O&M) Date of decision: July 29, 2025 ....Petitioner ....Respondents HON’BLE MR. JUSTICE SUMEET GOEL Mr. A.S. Gulati, Advocate for the petitioner. Through the instant writ of habeas corpus, as instituted under Constitution of India, the petitioner seeks direction to the to release the detenues mentioned in para no.4; and further prayed to set them free from the illegal bondage of respondent No.4 and their case file. At this stage, notice of motion to the respondents No.1 to 3 only. waives service of notice on behalf Hon'ble Division Bench of this Court in ‘Murti versus The State decided on 11.01.2013, has made “It may be mentioned here that the allegations of the in the writ petition are that the alleged detenues No.3 of the writ petition who are 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 1 ....Petitioner s Through the instant writ of habeas corpus, as instituted under direction to the to release the detenues mentioned in para no.4; and further prayed their behalf State has made “It may be mentioned here that the allegations of the in the writ petition are that the alleged detenues No.3 of the writ petition who are the brick kiln of respondent Nos.4 labourers. There can indeed been detained as bonded 16 & 17 of MAHAVIR SINGH 2025.07.29 18:11 I attest to the accuracy and authenticity of this order/ judgment CRWP-8140-2025 (O&M) 6. Writ Petition is disposed of with a direction to the District Magistrate, Gurdaspur, to treat this petition as a complaint under the Bonded Labour System (Abolition) Act, 1976 and to take immediate action in accordance law, within a period of one week from the date of receiving a copy of order, along with a copy of the writ petition. 7. also sent to the District Magistrate, compliance. 8. July 29, 2025 mahavir Whether speaking/reasoned: Whether reportable: 2025 (O&M) the Bonded Labour (Abolition) Act,1976. clarify that the aforesaid observation does not 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 para No.3 of the writ petition bonded labourers, we allow this appeal modify the order dated 9.1.2013 passed by the Single Judge to the extent that the petitioner's writ is disposed of with a direction to the District Sangrur, to treat this writ petition as a complaint 1976 Act and take immediate action in accordance law, within a period of one week from the date of receiving a certified copy of this order alongwi petition.” In view of the above referred judicial precedent, this Criminal Writ Petition is disposed of with a direction to the District Magistrate, , to treat this petition as a complaint under the Bonded Labour m (Abolition) Act, 1976 and to take immediate action in accordance law, within a period of one week from the date of receiving a copy of order, along with a copy of the writ petition. A copy of this order be supplied to learned State also sent to the District Magistrate, Gurdasp Pending application(s), if any, shall also stand disposed of. , 2025 speaking/reasoned: Yes/No Whether reportable: Yes/No 2 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 der statutory obligation to hold a enquiry as and when a complaint alleging provisions of Bonded Labour (Abolition) 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 h 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 In view of the above referred judicial precedent, this Criminal Writ Petition is disposed of with a direction to the District Magistrate, , to treat this petition as a complaint under the Bonded Labour m (Abolition) Act, 1976 and to take immediate action in accordance with law, within a period of one week from the date of receiving a copy of this A copy of this order be supplied to learned State counsel and be Gurdaspur for ensuring requisite Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) JUDGE 2 We, however, mean that the allegations levelled by the appellant have been accepted. Suffice it to observe that under the Act, the der statutory obligation to hold a enquiry as and when a complaint alleging provisions of Bonded Labour (Abolition) Since the appellant in the instant mentioned in have been detained as and set aside / learned petition Magistrate, under the with law, within a period of one week from the date of receiving th a copy of the writ In view of the above referred judicial precedent, this Criminal Writ Petition is disposed of with a direction to the District Magistrate, , to treat this petition as a complaint under the Bonded Labour with this counsel and be for ensuring requisite MAHAVIR SINGH 2025.07.29 18:11 I attest to the accuracy and authenticity of this order/ judgment