Punjab & Haryana High Court
Ashok v. State of Punjab & Ors.
CRWP/11201/2026
- Decision date
- 2026-09-11
- Text availability
- Full text
- Judges
- H. S. Grewal
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
CRWP-11201-2026 (O&M) 1 146 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-11201-2026 (O&M) Date of Decision: 11.09.2026 ASHOK ... PETITIONER VERSUS STATE OF PUNJAB AND OTHERS ... RESPONDENTS CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. D.C.Dhaula, 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 with a roving writ to search for the detenues mentioned in para No.3 of the petition at the premises of Brick Kiln of respondents No. 5 to 7 or at any other place to be pointed out by the petitioner at the spot and get them released with their belongings from the illegal custody of respondents No. 5 to 7. 2. Learned counsel for the petitioner submits that the detenues have been working at the brick kiln of respondents No. 5 to 7 but they have been illegally detained by them without any wages and are not allowed to leave the same. 3. Notice of motion to respondents No.1 to 4 only at this stage. 4. At the asking of the Court, Mr. P.S.Pandher, AAG, JANKI BHATT 2026.09.11 17:30 I attest to the accuracyPunjab,and accepts notice on behalf of respondents No.1 to 4. integrity of this document CRWP-11201-2026 (O&M) 2 5. I have heard learned counsel for the parties and have also gone through the material placed on record.
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 othershas 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, Ludhiana (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 detenue, 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) 11.09.2026 JUDGE Janki Whether speaking/reasoned : Yes/No Whether reportable : Yes/No JANKI BHATT 2026.09.11 17:30 I attest to the accuracy and integrity of this document