Amar Singh vs State Of Punjab And Others on 25 February, 2009

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH


                    Criminal Writ Petition No.207 of 2009
                     Date of decision: 25th February, 2009


Amar Singh

                                                                   ... Petitioner

                                    Versus

State of Punjab and others
                                                             ... Respondents


CORAM:        HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA


Present:      None for the petitioner.

              Mr. Anter Singh Brar, Deputy Advocate General Punjab for the
              State.


KANWALJIT SINGH AHLUWALIA, J. (ORAL)

Present petition has been filed under Article 226 of the

Constitution of India for issuance of a writ in the nature of habeas corpus

for release of the detenues mentioned in para 2 of the petition.

Notice of motion was issued. District Magistrate/ Deputy

Commissioner, Bathinda was directed to enquire into the averments made

in the petition.

Written statement by way of short affidavit of Deputy

Commissioner, Bathinda has been filed. Same is taken on record.

Para 2 and 3 of the short affidavit filed by the Deputy

Commissioner, Bathinda read as under:

“2. That the Sub-Divisional Magistrate Rampura Phul
visited the spot. Sh.Rijak Ram and Vijay Kumar owners were
present at the Brik Kiln. They told the party that the labour
mentioned in the writ petition is engaged in making kutcha
Criminal Writ Petition No. 207 of 2009 2

bricks at village Bath. When the party reached village Bath,
some of the labourers mentioned in the petition were present
and some had gone to village to purchase ration etc. After
some time all the members of labour mentioned in the petition
except Mohinder and Kalu came present.

3. That as per report of Sub Divisional Magistrate
Rampura one Ajay Kumar is the leader of these labourers.
Ajay Kumar and other members of the labour got their
statements recorded to the effect that they belong to village
Sillana, Tehsil Baraut District Bagpat (UP) and are preparing
bricks for the last two months. They were promised to get
payment at the rate fixed by the Govt. but lateron there arose
some dispute between the Brick Kiln owner and the labourers.
One of their companion left the Brick Kiln and filed the present
petition. They further stated that they have received full & final
payment of labour charges and nothing was due to the Brick
Kiln Owner. Their three companions namely Amar Singh, Kalu
and Mohinder have already reached the village after leaving
the Brick Kiln and they also intend to go to their native village.
They further got recorded that they were never detained by
any one and they were moving freely for purchasing their
domestic articles. English version of the statement of Ajay
Kumar and report of Sub Divisional Magistrate, Rampura is
annexed as Annexure R-1 and R-2 respectively.”

In view of the averments made in the written statement, no

further directions are called for. Accordingly, the present criminal writ

petition is disposed off.

[KANWALJIT SINGH AHLUWALIA]
JUDGE
February 25, 2009
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