Court No. - 50
Case :- HABEAS CORPUS WRIT PETITION No. - 3131 of 2018 Petitioner :- Sahbaj And 52 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Utkarsh Singh Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Vakalatnama filed by Sri Shams Uz Zaman, Advocate on behalf of respondent no.6 today in the Court, is taken on record.
Heard learned counsel for the petitioners, learned counsel for respondent no.6 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 habeas corpus petition has been filed with the prayer that a writ of mandamus be issued commanding the respondents to produce the petitioners before this Court and they may be set at liberty.
The grievance of the petitioners is that the respondent nos.5 and 6 are illegally detaining the petitioners who were allegedly engaged as bonded labourers in the brick kiln and the District Administration has refused to extend any help to procure the corpus of the petitioners and thus a direction may be issued to respondent authorities for their release.
Taking note of the submissions of the learned counsel for the parties, there is no useful purpose to keep this petition pending. Therefore, it is provided that District Magistrate, Baghpat and Superintendent of Police, Baghpat will enquire into the matter and if the contentions of the petitioners are found to be correct, he will 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 :- 30.4.2018 Tamang