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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.
            Patna High Court CR. WJC No.287 of 2026(2) dt.11-02-2026
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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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