Anwar and 46 Others Vs State of U.P. and 3 Others

Court No. - 45

Case :- HABEAS CORPUS WRIT PETITION No. - 102 of 2019

Petitioner :- Anwar And 46 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gurfan Ali Counsel for Respondent :- G.A.

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Hon'ble Harsh Kumar,J.

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Heard learned counsel for the petitioners and learned A.G.A. for the State.

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Learned A.G.A. has already accepted notice on behalf of respondent nos.1, 2 & 3.

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The present habeas corpus petition has been filed with the prayer that a writ of mandamus be issued commanding the respondents to produce the petitioners before this Court and they may be set at liberty.

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The grievance of the petitioners is that the respondent no.4 is illegally detaining the petitioners who were allegedly engaged as bonded labourers in the brick kiln and the District Administration has refused to extend any help to procure the corpus of the petitioners and thus a direction may be issued to respondent authorities for their release.

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Taking note of the submissions of the learned counsel for the parties, there is no useful purpose to keep this petition pending. Therefore, it is provided that District Magistrate, Saharanpur and Superintendent of Police, Saharanpur will enquire into the matter and if the contentions of the petitioners are found to be correct, he will do the needful and ensure their release from the illegal custody expeditiously without unreasonable delay, in accordance with law.

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However, it will be open to the concerned authorities to take legal action against the petitioners in the event the allegations are found to be incorrect.

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With these observation, this petition is disposed of finally.

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Let a copy of this order be given to the learned A.G.A. to ensure the compliance of this order.

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Order Date :- 29.1.2019

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Tamang

Anwar and 46 Others v. State of U.P. and 3 Others

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Anwar and 46 Others v. State of U.P. and 3 Others

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