Sandeep and 4 Others vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Sandeep and 4 Others vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Enquiry directed to be conducted by District Magistrate, Ghaziabad and Senior Superintendent of Police, Ghaziabad into the alleged illegal detention of petitioner nos.1 to 5 as bonded labourers; if the petitioners' contentions are found correct, the authorities to ensure their release from illegal custody expeditiously without unreasonable delay in accordance with law; authorities left free to take legal action against the petitioners if the allegations prove incorrect; copy of the order given to the learned A.G.A. to ensure compliance.

Issue for consideration

Whether petitioner nos.1 to 5 were illegally detained by respondent no.5 as bonded labourers engaged in his brick kiln. +1 more

Court's answer

District Magistrate, Ghaziabad and Senior Superintendent of Police, Ghaziabad were directed to enquire into the matter concerning the petitioners' allegation of illegal detention.

Ratio / Principle

If the contentions of the petitioners are found to be correct, the concerned authorities shall do the needful and ensure their release from the illegal custody expeditiously without unreasonable delay, in accordance with law.

Key takeaways

It will remain open to the concerned authorities to take legal action against the petitioners in the event the allegations are found to be incorrect.ratio¶11

Detailed headnote1 paragraphs

Habeas Corpus Writ Petition No. 91 of 2025, High Court of Judicature at Allahabad (Court No. 79), Order Date 7.2.2025, Hon'ble Saurabh Srivastava, J.: Five petitioners alleged that respondent no.5 had illegally detained them as bonded labourers in his brick kiln and that the District Administration had refused to extend help to procure them; the Court, finding no useful purpose in keeping the petition pending, directed the District Magistrate, Ghaziabad and the Senior Superintendent of Police, Ghaziabad to enquire into the matter and, if the petitioners' contentions were found correct, to do the needful and ensure their release from illegal custody expeditiously without unreasonable delay in accordance with law, while expressly leaving the concerned authorities free to take legal action against the petitioners if the allegations were found incorrect. The petition was disposed of finally and a copy of the order was directed to be given to the learned A.G.A. to ensure compliance.

Neutral Citation No. - 2025:AHC:18338

Court No. - 79

Case :- HABEAS CORPUS WRIT PETITION No. - 91 of 2025

Petitioner :- Sandeep And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akash Srivastava Counsel for Respondent :- G.A.

Hon'ble Saurabh Srivastava,J.

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

Learned A.G.A. has already accepted notice on behalf of respondent nos.1, 2, 3 & 4.

The present petition has been filed with the prayer that a writ in the nature of habeas corpus be issued commanding the respondent nos.1 to 4 to produce the detenues/corpuses, i.e., petitioner nos.1 to 5 before this Court.

The grievance of the petitioners is that the respondent no.5 have been illegally detained the petitioner nos.1 to 5, who were allegedly engaged as bonded labourers in his brick kiln and the District Administration has refused to extend any help to procure the corpuses/petitioner nos.1 to 5 and thus, a direction in the nature of habeas corpus may be issued to respondent nos.1, 2, 3 and 4 to extend help to procure the corpuses/petitioner nos.1 to 5.

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

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.

With these observation, this petition is disposed of finally.

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

Order Date :- 7.2.2025 Vivek Kr.

Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad