IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 162 CRWP-8394-2026 Date of decision : 14.07.2026 Sumit Kumar ... Petitioner Versus State of Punjab and others ... Respondents CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Aditya Partap Singh, Advocate for the petitioner. *** H.S. Grewal, J.(Oral) 1. This petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ in the nature of Habeas Corpus directing official respondents to get the detenues, mentioned in para No.2 of the petition, released from the illegal detention of respondents No.4 and 5, who are the owner and Munshi/Jamandar respectively of the Brick Kiln. 2. Learned counsel for the petitioner submits that the detenues have been working at the brick kiln of respondent No.4 but they have been illegally detained by respondents No.4 and 5 without any wages and are not allowed to leave the same. 3. Notice of motion to respondents No.1 to 3 only at this stage. 4. At the asking of the Court, Mr.K.D.Sachdeva, DAG, Punjab, accepts notice on behalf of respondents No.1 to 3. 5. I have heard learned counsel for the parties and have also gone through the material placed on record. POONAM RATHORE 2026.07.15 17:40 I attest to the accuracy and integrity of this document CRWP-8394-2026 -2- 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 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. 7. Consequently, this criminal writ petition is disposed of with a direction to the District Magistrate, Moga (respondent No.2) to treat this petition as a complaint under the Bonded Labour (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. (H.S.GREWAL) July 14, 2026 JUDGE poonam Whether speaking/reasoned : Yes/No Whether reportable : Yes/No POONAM RATHORE 2026.07.15 17:40 I attest to the accuracy and integrity of this document