WAZID Vs. STATE OF HARYANA

JUDGEMENT

(1.) Case is taken up for hearing through video conferencing. Prayer in the present Criminal Writ Petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of habeas corpus to release the detenues (as mentioned in para 4 of this petition) from the illegal detention of respondents No.4 to 7.

(2.) It has been averred in the petition that although the petitioner alongwith his family members and co-labourers were contracted by the private respondents No.4 to 7 to mould bricks for their brick kiln but they were not given the payments as agreed upon by them rather private respondents No.4 to 7 started to beat them with the help of their musclemen. The petitioner with great difficulty managed to escape from the brick kiln on 30/9/2021 and thereafter made a representation on 1/10/2021. It has been averred in the petition that 8 persons mentioned in para 4 of the petition are still detinues and have been kept in illegal confinement by respondents No.4 to 7. Hence, they have violated the mandatory provisions of the Bonded Labour (Abolition) Act, 1976 and are also liable for the prosecution.

(3.) It has been held by this Court in Murti v. The State of Punjab and others; LPA No.32 of 2013 as under: