Crl. W.P. No. 1378 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. W.P. No. 1378 of 2009 Date of Decision: December 11, 2009 Sanjiv .........Petitioner VERSUS State of Haryana and others ......Respondents Present: Mr. Vikas Sharma, Advocate, for the petitioner. Mr. Pawan Singh, AAG, Haryana. S.S. SARON, J. The present petition has been filed by Sanjiv (petitioner) for issuance of a writ in the nature of habeas corpus to search the premises of Police Station Sadar Narwana (respondent no.2) for the release of detenu namely Babu Ram and also to get released the other detenus as mentioned in Para No.5 of the petition along with their belongings by searching the premises of the brick kiln owner namely Praveen Kumar (respondent No.3), the brick kiln owner situated in village Chhoti Frain, Tehsil Narwana, District Jind namely Sher Singh (respondent No.4) and the Jamadar working in the brick kiln in the area of village Chhoti Frain, Tehsil Narwana, District Jind namely Raj Kumar (respondent No.5). This Court in terms of order dated 13.11.2009 noticed that the petitioner had filed a petition for issuing a writ of habeas corpus alleging that persons mentioned in para No.5 of the petition were illegally detained by respondents No.3 to 5. AMIT KAUNDAL 2016.06.24 12:26 I attest to the accuracy and authenticity of this document chandigarh Crl. W.P. No. 1378 of 2009 2 It was contended by the petitioner that earlier Babu Ram had filed a writ of habeas corpus i.e. Cr.W.P. No.1274 of 2009 for relasing the detenus. This Court in the said petition observed that the petitioner Babu Ram had a remedy of approaching the Deputy Commissioner under the Rules. The said remedy had not been availed of. The petitioner in the said writ petition, it was observed, may approach the Deputy Commission for the requisite relief. It was ordered that if any representation was filed by the petitioner (Babu Ram) before the Deputy Commissioner that shall be decided within a period of fifteen days from the receipt of the same. Babu Ram the earlier petitioner approached the Deputy Commissioner, Jind. Thereafter, it was contended by the petitioner that he reached the brick kiln in the night on 8.11.2009, and the brick kiln owner Parveen Kumar (respondent No.3) then called the police. Babu Ram and the other co-workers were mercilessly beaten and Babu Ram was picked up by the SHO Police Station Sadar Narwana (respondent No.2). Parveen Kumar and Sher Singh (respondents No.3 and 4), it was contended were political persons. Accordingly, notice of motion was issued on 13.11.2009 for 19.11.2009. In the meantime, the Deputy Commissioner Jind, was directed to constitute a Committee, as provided under Section 12 of the Bonded Labour System (Abolition) Act, 1976 to find out whether Babu Ram and persons mentioned in para no. 5 of the petition were actually in the illegal detention of the respondents or not, and if they were found in illegal detention, they were ordered to be got released forthwith. The report of the AMIT KAUNDAL 2016.06.24 12:26 I attest to the accuracy and authenticity of this document chandigarh Crl. W.P. No. 1378 of 2009 3 Committee was also called for being submitted in this Court on the date fixed i.e. 19.11.2009. The report by way of affidavit of the Additional Deputy Commissioner, Jind was filed in this Court on the last date of hearing i.e. on 1.12.2009. In terms of the affidavit of the Additional Deputy Commissioner, Jind, it is submitted that in compliance to the order dated 13.11.2009 passed by this Court, the deponent constituted a Committee comprising of Sub Divisional Officer (Civil) ['SDO (C)'], Narwana; District Food and Supplies Controller ('DFSC'), Jind; Labour Officer, Jind and SHO Police Station Sadar Narwana. A direction was issued to the said Committee visit the brick kiln in village Frain Khurd, Tehsil Narwana, District Jind to find out whether Babu Ram and persons mentioned in Para No.5 of the petition were actually in illegal detention of any of the respondents or not and if found in illegal detention they were to be got released. The Committee i.e. Tehsildar Narwana and AFSO Narwana on behalf of SDO (C), Narwana and DFSC, Jind because the former was on leave and the latter on tour, along with Labour Inspector, Jind and SHO Police Station Sadar Narwana visited the spot on 24.11.2009. An inquiry was conducted regarding the detenus mentioned in Para No.5 of the writ petition. The statement of labourers and owners of the brick kiln who were found present at the brick kiln were recorded. The report of the Committee was submitted in the office of Deputy Commissioner, Jind. In terms of the report, the persons mentioned in para No. 5 of the writ petition from serial Nos. 1 to 10, it is mentioned, had left the brick kiln on 21.11.2009 after taking their dues from the owner of the AMIT KAUNDAL 2016.06.24 12:26 I attest to the accuracy and authenticity of this document chandigarh Crl. W.P. No. 1378 of 2009 4 brick kiln. They had gone to another brick kiln situated at village Uchana. The labourer Ram Sharan mentioned at Sr. No. 11, it is submitted, had gone to his native place at UP ten or twelve days earlier. The statement of another worker namely Smt. Satto, mentioned at Sr. No. 12 of para No. 5 of writ petition, who was present at the spot was recorded by the Committee. She stated that her family along with three other families had come to M/s Shakti Brick Kiln at village Frain Khurd for moulding 'katcha' bricks about two months earlier. The families of other labourers who had come with them had gone to another brick kiln situated at village Uchana. She further stated that she and her daughter Kajal did not want to go with the other labourers who came with them at the brick kiln because her husband was not present at that time. It is further stated that nobody was detained at the brick kiln and they were free to go anywhere. It is then stated that she alongwith her daughter Kajal wanted to go to their native place. Nothing was due from the owner of the brick kiln and she knew nothing about the complaint. Smt. Satto and Kajal left the brick kiln along with their belongings in a four wheeler hired by the owner of the brick kiln in the presence of the Committee. The Additional Deputy Commissioner submitted that insofar as the allegations of illegal detention were concerned, were found incorrect. It is prayed that the writ petition be dismissed being devoid of any merit. Reply by way of affidavit of Inspector Umed Singh, Station House Officer, Police Station, Sadar Narwana (respondent no.2) has been filed. A mention has been made to the report given by the Committee constituted by the Additional Deputy Commissioner, Jind. In terms of the AMIT KAUNDAL 2016.06.24 12:26 I attest to the accuracy and authenticity of this document chandigarh Crl. W.P. No. 1378 of 2009 5 reply, all persons mentioned in Para No.5 of the petition, except for Ramsaran, Satto and Kajal mentioned at serial No.11 to 13, after settling their accounts had gone from the brick kiln at their own sweet will. Besides, the allegations of Babu Ram being beaten by him at the instance of respondents No.4 and 5, it is submitted are false and baseless. Inspector Umed Singh SHO, Police Station Sadar Narwana (respondent no.2) has submitted that in view of the report of the Committee which has been accepted by the Additional Deputy Commissioner, there were no illegal detentions at the brick kiln at village Frain Khurd. All the alleged detenus had left after settling their accounts with the brick kiln owners. In view of the above, nothing survives in the present petition and the same is accordingly dismissed. 11.12.2009 (S.S. SARON) shivani JUDGE AMIT KAUNDAL 2016.06.24 12:26 I attest to the accuracy and authenticity of this document chandigarh