OM PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed for issuance of a writ in the nature of habeas corpus. It is submitted that the persons in para 6 of the petition are under illegal detention of respondent No.5 who is the owner of MBW Brick Kiln situated at Village Majri Jattan, Police Station Sadar, Ropar. It is alleged that respondent No.5 has violated the mandatory provisions of Bonded Labourer System (Abolition) Act, 1976 and the persons mentioned in para 6 of the petition are being forcibly and illegally detained by respondent No.5 with the help of his 'Gundas' and musclemen.

(2.) The detenus are not being allowed to move out of the premises of the brick kiln.

(3.) Learned counsel for the State has submitted affidavit of Shri Priyank Bharti, IAS, District Magistrate, Rupnagar, who has stated that the Tehsildar-cum-Executive Magistrate, Rupnagar in his report dated 17.12.2009 (Annexure-R.1) has reported that the present is not a case of bonded labour or illegal detention of any detenu. In terms of the report all persons mentioned in the writ petition were taken from the brick kiln and dropped at the Railway Station, Rupnagar as per their wish. A perusal of the report dated 17.12.2009 (Annexure-R.1) as prepared by the Tehsildarcum- Executive Magistrate, Rupnagar shows that at the time of visit of the Executive Magistrate all persons mentioned in para 6 of the writ petition, which comprises of four families including minor children were found living in open semi pucca huts. They were moving freely there. No muscleman was there as alleged in the writ petition. From the joint statement got recorded by the labourers before the Executive Magistrate and the circumstantial evidence gathered at the spot, no case of bonded labour was made out. Besides, as desired by the labourers, they were taken in a trolley and dropped at Railway Station Rupnagar at 5.10 p.m. under the supervision of Police Party headed by Khairati Lal, ASI, Sadar Police Station, Rupnagar. Each family was given Rs.500/- by the Munshi of MBW Brick Kiln as journey expenses after taking receipt from them.