Patna High Court
Jaynal MiahversusThe Union of India through its Deputy Secretary Ministry of Labour and Employment
- Decided
- Disposal
- DISPOSED
Holding
The court held that the writ application for broad relief could not be entertained and disposed of the petition, directing the petitioner to seek police investigation into the alleged illegal confinement.
Summary
Jaynal Miah filed a criminal writ petition alleging that several of his relatives were being held in illegal confinement and bonded labour by the owners of a brick kiln in Kishanganj, Bihar. The petition sought habeas corpus, payment of due wages, and rescue and rehabilitation of the alleged victims under the Bounded Labour (Abolition) Act, 1976 and the Inter State Migrant Workmen Act, 1979. The court, after hearing counsel, limited the relief to a specific list of persons and declined to issue the broad orders sought against the private respondents. It disposed of the writ, directing the petitioner to approach the local police to investigate the alleged confinement. The court further instructed that if the police find illegal confinement, appropriate legal steps must be taken, otherwise no coercive action should be taken against the kiln owners.
Issues considered
- Whether the High Court can issue a writ of habeas corpus directing government authorities to release persons allegedly detained by private respondents.
- Whether the alleged bonded labour and illegal confinement fall within the jurisdiction of a criminal writ under the Bounded Labour (Abolition) Act, 1976 and the Inter State Migrant Workmen Act, 1979.
- Whether the court can order rescue, rehabilitation and payment of wages in the present writ proceeding.
Subjects
- bonded labour
- illegal confinement
- habeas corpus
- labour law
- rehabilitation
- criminal writ
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.287 of 2026
======================================================
Jaynal Miah S/O Hossen Ali R/O Village Peulaguri (Middle), P.O-
Baraatiabari, P.S- Dinhata, District- Cooch Behar, West Bengal. Presently
Working at Shan, Brick Kiln, R/o Gram- Gola Gappa, Kailash Chowk, P.S.
and Dist.- Kishanganj.
... ... Petitioner/s
Versus
1. The Union of India through its Deputy Secretary Ministry of Labour and
Employment Jaisalmer House, 26 Man Singh Road, New Delhi-110011.
2. The State of Bihar through its Chief Secretary, Government of Bihar, Patna.
Bihar
3. The District Magistrate, Kishanganj, District-Kishanganj Bihar
4. The Senior Superintendent of Police, Kishanganj Bihar
5. The Labour Commissioner, Government of Bihar, Labour Resource
Department Government of Bihar, Niyojan Bhawan, Bailey Road, Patna.
6. The Station House Officer (S.H.O.), Kishanganj Police Station, District-
Kishanganj Bihar
7. Fakurruddin Son of not known to the petitioner, Owner of-Shan Brick Kiln,
Resident of Gram - Gola Gappa, Kailash Chowk, P.S.- Kishanganj, District -
Kishanganj.
8. Enamul Son of Not Known to the petitioner Co-Owner of Shan Brick Kiln
Resident of Gram - Gola Gappa, Kailash Chowk, P.S.- Kishanganj, District -
Kishanganj.
9. Sabbir Son of Not Known to the petitioner Co-Owner of Shan Brick Kiln
Resident of Gram - Gola Gappa, Kailash Chowk, P.S.- Kishanganj, District -
Kishanganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyanand Roy, Advocate
Ms. Akanksha Malviya, Advocate
Ms. Naina Nancy, Advocate
For the UOI : Dr. Krishna Nandan Singh, ASG
Ms. Kalpana, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 11-02-2026 The present writ application has been filed for the
Patna High Court CR. WJC No.287 of 2026(2) dt.11-02-2026
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following reliefs:
“I. For issuance of Writ/Writs,
Order/Orders, Direction/Directions in the nature of
Habeas corpus directing the Respondent No. 1 to 6
to get the persons named in Paragraph No.4 of this
petition released from the illegal custody and
detention of Respondent No. 7,8 and 9 along with
their belonging and further prayer is to direct
Respondent No.1 to 6 to immediately make payment
of the due Wages to the petitioner as well as the
persons named in Paragraph no. 4 of this petition
from whom Respondent No. 7, 8 and 9 have taken
work of preparing kaccha bricks in their brick klin.
II. For commanding Respondent State of
Bihar and its authorities to immediately appoint a
Warrant Officer to locate the detenues, whose
names have been mentioned in Paragraph No. 4 of
the present petition and to take suitable legal action
against Respondent Nos. 7,8 and 9 under the
provision of Bounded Labour (Abolition) Act, 1976
and Inter State Migrant Workmen (Regulating of
Employment and Condition of Service) Act, 1979.
III. For commanding the respondent,
State of Bihar and its authorities to rescue and
rehabilitate the detenues, whose names have been
mentioned in Paragraph No.4 of this petition and
after their release from the illegal custody of
Respondent Nos. 7, 8 and 9 in accordance take all
possible steps to rehabilitate them in accordance
with the provisions contained in Bounded Labour
(Abolition) Act, 1976.
IV. From commanding the respondent
Patna High Court CR. WJC No.287 of 2026(2) dt.11-02-2026
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authorities to issue rescue certificate/release
certificate to the petitioner and to completely
rehabilitate the petitioner, who were working under
bondage condition as per Central Scheme for
Rehabilitation, of Bonded Labour, 2016.
V. For commanding the respondent
authorities to immediately rescue the bounded
labourers mentioned in Paragraph No. 4 of the
present writ application from the illegal custody of
Respondent No. 7 to 9 and to further provide
rehabilitation to them as per Central Sector Scheme
for Rehabilitation of Bounded Labour, 2016.
VI. For any other relief/reliefs for which
the petitioner is found to be entitled in the facts and
circumstances of the present case.”
2. After some argument, learned counsel appearing on
behalf of the petitioner confines the relief sought in the present
criminal writ application to Samina Khatoon, Anogir Haque,
Sarjeena Khatoon, Aarohi Khatoon, Alam Miyan, and Usna
Khatoon. It is submitted that the aforesaid persons, who are
relatives of the petitioner, are allegedly under illegal
confinement by private respondent Nos. 7 to 9, who are stated to
be the owners of a brickkiln.
3. In view of the limited relief now pressed, the
present writ application is disposed of with liberty to the
petitioner to approach the concerned local police station.
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4. Upon such approach being made, the police
authorities shall conduct a prompt enquiry to ascertain whether
the aforesaid persons are under any illegal confinement.
5. If, upon enquiry, it is found that the said persons are
under illegal confinement, the police authorities shall take
immediate and appropriate steps in accordance with law to
secure their release. However, if it is found that they are
working at the brickkiln of their own free will, no coercive
action shall be taken against the private respondents, and the
said persons shall not be disturbed.
6. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Anushka/-
U T
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