Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 183 of 2019 Petitioner :- Soniya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ambika Prasad Tewari Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,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.
The present petition has been filed with the prayer that a writ in the nature of habeas corpus be issued commanding the respondents to release the detenue with their bag and wages.
The grievance of the petitioners is that the respondent no. 4 is illegally detaining the petitioners who were allegedly engaged as bonded labourers in his brick kiln and the District Administration has refused to extend any help to procure the corpus of the petitioners and thus a direction in the nature of habeas corpus may be issued to respondent nos. 1, 2 and 3 to extend help to procure the corpus of the petitioners.
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 Senior Superintendent of Police, Baghpat 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 observations, this petition is finally disposed of.
Let a copy of this order be given to the learned A.G.A. to ensure the compliance of this order.
Order Date :- 21.2.2019 Vikas