CRWP CRWP CRWP CRWP----7975 7975 7975 7975----2026 2026 2026 2026 192 192 192 192 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT Amit State of Haryana Date of Decision: Date of Decision: Date of Decision: Date of Decision: Date of Uploading: July 06, 2026 Date of Uploading: July 06, 2026 Date of Uploading: July 06, 2026 Date of Uploading: July 06, 2026 CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL Article 226 of the Constitution of India, the petitioner seeks respondents to release the detenues mentioned in para no. to set them free from the illegal bondage of respondent No. accomplices. 2. 3. 4. behalf of the respondents No.1 to 5. of Punjab and others’, LPA No.32 of 2013, of Punjab and others’, LPA No.32 of 2013, of Punjab and others’, LPA No.32 of 2013, of Punjab and others’, LPA No.32 of 2013, the hereinafter extracted observations: 2026 2026 2026 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CRWP CRWP CRWP CRWP----7975 7975 7975 7975----2026 2026 2026 2026 versus Haryana and others Date of Decision: Date of Decision: Date of Decision: Date of Decision: July 06, 2026 July 06, 2026 July 06, 2026 July 06, 2026 Date of Uploading: July 06, 2026 Date of Uploading: July 06, 2026 Date of Uploading: July 06, 2026 Date of Uploading: July 06, 2026 HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Avtar Singh Syan, Advocate for the petitioner. ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Through the instant writ of habeas corpus, as instituted under 226 of the Constitution of India, the petitioner seeks to release the detenues mentioned in para no. to set them free from the illegal bondage of respondent No. accomplices. This Court has perused the case file. At this stage, notice of motion to the respondents No.1 to Mr. Gurmeet Singh, AAG Haryana behalf of the respondents No.1 to 4. Hon'ble Division Bench of this Court in of Punjab and others’, LPA No.32 of 2013, of Punjab and others’, LPA No.32 of 2013, of Punjab and others’, LPA No.32 of 2013, 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 the writ petition are that the alleged detenues mentioned No.3 of the writ petition who are working as labourers at kiln of respondent Nos.4 & 5 are being kept as bonded There can indeed be no doubt that if a labourer has 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH 2026 2026 2026 2026 ....Petitioner ....Respondents HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL , Advocate for the petitioner. Through the instant writ of habeas corpus, as instituted under 226 of the Constitution of India, the petitioner seeks direction to the to release the detenues mentioned in para no.6; and further prayed to set them free from the illegal bondage of respondent No.5 and his perused the case file. At this stage, notice of motion to the respondents No.1 to 4 only. Mr. Gurmeet Singh, AAG Haryana waives service of notice on Hon'ble Division Bench of this Court in ‘Murti ‘Murti ‘Murti ‘Murti versus The versus The versus The versus The State State State State decided on 11.01.2013, has made 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 labourers. There can indeed be no doubt that if a labourer has been detained 1111 ....Petitioner s Through the instant writ of habeas corpus, as instituted under direction to the ; and further prayed his waives service of notice on State State State State has made in para the brick labourers. been detained MAHAVIR SINGH 2026.07.06 17:25 I attest to the accuracy and authenticity of this order/ judgment CRWP CRWP CRWP CRWP----7975 7975 7975 7975----2026 2026 2026 2026 2222 as bonded labour, it amounts to an offence under Sections 16 & 17 of 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 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 set 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 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.”””” 6. In view of the above referred judicial precedent, this Criminal Writ Petition is disposed of with a direction to the District Magistrate, Hisar, to treat this petition as a complaint under the Bonded Labour System (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 order, along with a copy of the writ petition. 7. A copy of this order be supplied to learned State counsel and be also sent to the District Magistrate, Hisar for ensuring requisite compliance. 8. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE July 06, 2026 July 06, 2026 July 06, 2026 July 06, 2026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.07.06 17:25 I attest to the accuracy and authenticity of this order/ judgment