Allahabad High Court
Ram Kishun & Others vs State Of U.P. & Others on 2 February, 2010
Court No. - 49 Case :- HABEAS CORPUS WRIT PETITION No. - 4891 of 2010 Petitioner :- Ram Kishun & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Satyendra Nath Sharma 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 being respondent nos.5,6 and 7 are 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.5, 6 and 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 nos.5,6 and 7 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, Baghpat enquire into the matter and file his personal affidavit with regard to status of the petitioners and if it is, found that the petitioners are illegally detained, he shall ensure their release forthwith and if the allegations as contained in the present petition is found to be incorrect then appropriate action be initiated against the deponent of the present petition.
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.
Copy of this order be issued to the learned AGA for compliance of the order, as per Rules of the Court.
Order Date :- 2.2.2010/Hasnain