CRWP/11201/2026 of ASHOK Vs STATE OF PUNJAB AND OTHERS on 11 September 2026

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, Punjab, accepts notice on behalf of respondents No.1 to 4. JANKI BHATT 2026.09.11 17:30 I attest to the accuracy and integrity of this document

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 others has 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