MADAN Vs. STATE OF U P

JUDGEMENT

(1.) We have heard learned Counsel for the petitioner and Sri M.S. Pipersania, learned Standing Counsel for the respondents No. 1 and 2.

(2.) The present petition has been filed by one Madan, who states that his family members and a few other persons (26 in all) have been detained at the brick kiln of respondent No. 3 Brahampal, in village Kheratana, Police Station Sarurpur, district Baghpat and are unfree to leave the brick kiln or to work for any other person. In the petition as well as in the representation before the S.S.P. Baghpat dated 6.1.2012 it is stated, that the petitioners are made to work for as long as 18-20 hours, without payment and no medicine or hospitalization facility is provided to ill children. Significantly, in paragraph 5, it has been stated that some blank papers were got signed from the petitioners and with the aid of some criminal elements they are being forced to work at Brahmpal's bhatta as bonded labourers. They, however, deny having voluntarily filled up any bonds to work for the brick kiln owner and pray to be released from his clutches.

(3.) We think that although persons like the petitioners may be working as bonded labourers in brick kilns, because of advances made to them, but these facts are not mentioned in the representations and the petitions because usually wrong legal advice or gratuitous advice from local barristers is tendered to such persons that if they concede that they have taken some advance, they would be unfree to leave the brick kiln until they have paid off their advance.