CRWP/9034/2026 of NITIN KUMAR Vs STATE OF PUNJAB AND OTHERS on 28 July 2026

1. Prayer in the criminal writ petition under Article 226 of the Constitution of India is for issuance of a writ in the nature of Habeas Corpus and for appointment of a Warrant Officer to search for the detenues at the premises of respondent Nos.4 and 5 or at any other place to be pointed out by the petitioner and to get the detenues mentioned in Para No.2 released.

2. It is alleged that the detenues were illegally detained by respondents No.4 and 5 at the brick kiln owned by them in the name and style of M/s Ghuman Bricks Company (MHS) situated in village Bohja, Police Station Mehta Chowk, Tehsil Batala, District Gurdaspur.

3. A Division Bench of this Court in LPA No.32 of 2013, titled as Murti versus The State of Punjab and others, has held as under:- “It may be mentioned here that the allegations of the appellant in the writ petition are that the alleged detenues mentioned in para No.3 of the writ petition who are working as labourers at the brick kiln of respondent Nos.4 & 5 are being kept as bonded labours. 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 Bounded Labour (Abolition) Act, 1976. We, however, clarify that the HARPREET SINGH CHAUHAN 2026.07.28 19:20 I agree to specified portions of this document aforesaid observation does not mean that the allegations levelled by the appellant have been accepted. Suffice it to observe that under the Act, the District Magistrate is under statutory obligation to hold a fact finding enquiry as and when a complaint alleging violation of the provisions of Bonded Labour (Abolition) Act, 1976 is received. Since the appellant in the instant case has specifically averred that the persons mentioned in para No.3 of the writ petition have been detained as bonded labourers, we allow this appeal and set- aside/modify the order dated 9.1.2013 passed by the learned Single Judge to the extent that the petitioner's writ petition is disposed of with a direction to the District Magistrate, Sangrur, to treat this writ petition as a complaint under the 1976 Act and take immediate action in accordance with law, within a period of one week from the date of receiving a certified copy of this order alongwith a copy of the writ petition.”

4. Accordingly, this Criminal Writ Petition is disposed of with a direction to respondent No.2-District Magistrate, District Gurdaspur to treat this petition as a complaint under the Bonded Labour System (Abolition) Act, 1976 and take immediate action in accordance with law, within a period of two weeks from the date of receipt of a certificate copy of this order along with a copy of the writ petition.

5. The petition, accordingly, stands disposed of.

6. Pending miscellaneous applications, if any, also stand disposed of.

(SHALINI SINGH NAGPAL)

JUDGE 28.07.2026 HS.CHAUHAN Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No

HARPREET SINGH CHAUHAN 2026.07.28 19:20 I agree to specified portions of this document