Disposed

Smt. Geeta and 36 Others v. State of U.P. and 4 Others

Allahabad HC24 Jan 2023HABC/68/2023

Case brief

AI extract

What is this about?

This habeas corpus petition challenged the illegal detention of 37 labourers as bonded labour by private brick kiln owners. The court directed a judicial inquiry by the District Magistrate and SP to verify the allegations. If the detention is found incorrect, legal action would be taken against the complainant.

What did the court decide?

Issued directions to District Magistrate, Baghpat, and S.P. Baghpat to inquire into the matter within 15 days and report findings to dispose of the petition accordingly.

Smt. Geeta and 36 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 50

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Case :- HABEAS CORPUS WRIT PETITION No. - 68 of 2023

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Petitioner :- Smt. Geeta And 36 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Kumar,Kalp Dev Mishra Counsel for Respondent :- G.A.

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Hon'ble Ram Manohar Narayan Mishra,J.

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

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Instant habeas corpus writ petition has been filed on behalf of 37 petitioners by one Sonu, who was also a labour alongwith petitioners at the brick klin owned by respondent Nos. 4 and 5 in the name of Brick Klin Marka ABF, situated at Village Bawali, Tehsil & Police Station Baraut, District Baghpat.

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Learned A.G.A. has accepted notice on behalf of respondent nos. 1 and 3 but he submits that instructions have not received by him right now.

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Learned counsel for the petitioners submitted on the basis of averments in the writ petition that the petitioners are held in illegal custody of private respondents. Their grievance is that respondent nos. 4 and 5 are operating brickkiln and petitioners are of labour class and were engaged as contract labour in the said brick klin. The deponent was also a detenue alongwith present petitioners, who ran away on 8.1.2023 in the late hours of the night and moved an application to District Magistrate, Baghpat, a copy of the application dated 9.1.2023 has been as Annexure No.1 to this writ petition. The petitioners are detained by the private respondents as bonded labours and they are neither granted any leave nor their legal dues. So far as, it is expedient in the interest of justice that they may be set at free from the said brick klin where their constitutional and fundamental rights are being violated by the private respondents. It is further submitted that no action has been taken by District Administration on representation of petitioners' dated 9.1.2023 till date. It is next submitted that 37 petitioners are still lying as captive in brickkiln operated by respondent nos. 4 and 5. It is lastly submitted that the present petition may be finally disposed off by issuing necessary directions to respondent No.2- District Magistrate, Baghpat.

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Learned AGA has not raised any objection to the above prayer

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of learned counsel for the petitioners.

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Taking note of the submissions of learned counsel for the parties, no useful purpose would be served in keeping the present petition pending, therefore, it is directed that District Magistrate, Baghpat, and S.P. Baghpat shall inquire into the matter and if the detention of the petitioners are found to be correct, then action would be taken against respondents no. 4 and 5 under law to secure the release of petitioners from alleged illegal captivity, within 15 days from the date of filing of certified copy on behalf of petitioners.

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It is further made clear that if the allegation is found in-correct, the District Magistrate concerned will be at liberty to take action against deponent Sonu, who has filed the said representation before respondent no. 2 in accordance with law and immediately after completion of enquiry.

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With the above observations, instant petition is disposed off.

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A copy of this order be provided to the learned A.G.A. for necessary information and compliance.

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Order Date :- 24.1.2023 Kamarjahan

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Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad

Smt. Geeta and 36 Others v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Smt. Geeta and 36 Others v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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