Court No. - 49 Case :- HABEAS CORPUS WRIT PETITION No. - 3586 of 2010 Petitioner :- Yameen & Others Respondent :- District Magistrate Ghaziabad & Others Petitioner Counsel :- H.C. Dwivedi Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the petitioners and the learned AGA for the State-
respondent.
The grievance of the petitioners is that the Brick Kiln owner, the respondent
no.3 is illegally detaining the petitioners, who were allegedly engaged as
bonded labourers in the said Brick Kiln and the district administration has
refused to extent any help to procure the corpus of the petitioners and thus the
petitioners have prayed that a direction may be issued to the respondents-
authorities for release of the petitioners. It is next contended that directions
have been issued by this Court for releasing the detenue in similar Writ
Petition Nos.57415 of 2008, 56279 of 2008 and 29074 of 2009.
Issue notices to the respondent nos.2 to 7 returnable within four weeks. Steps
be taken within one week.
Learned AGA prays for and is granted four weeks time to file counter
affidavit. Opposite party no.3 may also file counter affidavit within the same
period. As prayed by learned counsel for the petitioners, two weeks thereafter
is granted for filing rejoinder affidavit.
Let the District Magistrate, Ghaziabad enquire into the matter and file his
personal affidavit through the learned AGA within four weeks from today.
List after expiry of the aforesaid period, before the appropriate Bench along
with the records of Writ Petition Nos.57415 of 2008, 56279 of 2008 and
29074 of 2009.
Mean while the respondent no.1 is directed to enquire into the matter and after
inquiry, if the respondent no.1 finds that the petitioners have been illegally
detained by the respondent no.3, he shall ensure their release and file his
affidavit before the Court on the next date of listing.
Copy of this order be issued to the learned AGA for compliance of the order,
as per Rules of the Court.
Order Date :- 27.1.2010/Hasnain