IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Writ Petition No.1597 of 2009 Date of decision : 9.3.2010 Ayub …. Petitioner Versus State of Haryana and others …. Respondents Present: Mr. Ashok Kumar Sharma, Advocate for the petitioner. Mr. K.C. Gupta, Sr. DAG, Haryana. **** S.S. SARON, J. Report by way of affidavit of District Magistrate, Jind filed in Court today is taken on record. Heard counsel for the parties. This petition has been filed under Article 226 of the Constitution of India alleging that the persons as detailed in Para 5 of the petition have been illegally detained by respondents No. 4 to 7 who are the owners of the Brick Kiln by the name of Shiv Bhatta, Marka Shiv, Palwan, Police Station Uchana Tehsil Narwana Distt. Jind. Notice of motion was issued for 09.12.2009 and in the meantime, Deputy Commissioner/District Magistrate, Jind was asked to either himself or depute a responsible officer to visit the precincts of the Brick Kiln of respondents No. 4 to 7 situated at Palwan, Police Station Uchana, Tehsil Narwana District Jind and ascertain whether Crl. Writ Petition No.1597 of 2009 [2] the persons mentioned in para 5 of the petition were in illegal detention at the said brick kiln and if so, they would be got released forthwith. In terms of the deposition made by the District Magistrate, Jind, it is stated that Naib Tehsildar Uchana on behalf of SDO (C) Narwana along with AFSO, Narwana, Labour Inspector, Jind and Sub-Inspector of Police, Uchana Mandi inspected the spot and enquired into the matter. The committee recorded the joint statement of one member of the each family of the persons mentioned in Para No.5 of the writ petition who were found present at the spot. They stated that all the labourers had come to Shiv Brick Kiln Company village Palwan for moulding the kacha bricks on 15.12.2009. There was no dispute between them and the brick kiln owners. They were never beaten up or detained by the brick kiln owners; besides, there was no ban on their free movement. The facility of living, drinking water and meals were properly being provided by the brick kiln owner. They further stated that they were not interested to work there and wanted to go back to their village. The statement of owners of the brick kiln was also recorded and they stated that the labourers were never kept in illegal custody and their full payment had been made and nothing was due against them. The Committee reported that no one was found as bonded labour at the spot. The labourers were sent to their native place on a vehicle under the supervision of Police. It is submitted that the allegations of the illegal detention were found incorrect. In view of the report of the District Magistrate, Jind to the effect that there is no bonded labour and nobody has been kept in Crl. Writ Petition No.1597 of 2009 [3] illegal detention, there is no merit in the petition and the same is accordingly dismissed. (S.S. SARON) JUDGE March 9, 2010 amit