Ram Kailash vs State of Haryana and others

Rameshwar Singh Malik, J.—petitioner has approached this Court by way of present criminal writ petition under Article 226 of the Constitution of India, seeking writ in the nature of habeas corpus directing the respondents to get persons named in para 3 of the petition released, as they were allegedly detained by respondents No. 5 and 6. Notice of motion was issued and pursuant thereto, a short reply by way of affidavit of Ajit Balaji Joshi,D.M., Jhajjar, filed in the Court today, is taken on record and copy thereof has been supplied to the learned counsel for the petitioner.

Leaned counsel for the State submits that in view of the report of the Committee (Annexure R-1), Committee itself left, the labourers who were intending to go back, at Railway Station, Jharli, along with their articles. Thus, the present petition has become infructuous and may be disposed of, as such.

Faced with the above, learned counsel for the petitioner also submits that in view of the reply filed by the State, the present petition does not survive any further and may be disposed of.

Having heard the learned counsel for the parties and after going through the record of the case, this Court is of the considered opinion that the present petition has become infructuous.

The relevant part of the inquiry report (annexure R-1), reads as under:-

Except the aforesaid persons, the statement of wife of petitioner namely Guddi and of Kamil S/o Yajuddin and Salim Khan S/o Kharati was also got recorded by the committee, who were found present on the spot. They apprised by getting recorded their statement that the labourer mentioned in the petition, have joined the brick kiln in the month of July, 2012 with their fee/sweet will for preparation of raw bricks. The minimum wages fixed by Govt. is being provided to them by proprietor/owner of brick kiln. They are not bonded in any manner on the brick kiln and can go out anywhere as per their wishes. The wife of petitioner namely Guddi further apprised that they want to go back to their home and for which the proprietor/owner of brick kiln has no objection. On this the labourer intending to go back, were left at Railway Station Jharli by the inspection Committee itself along with their articles.

In view of the above statements made by learned counsel for the parties as well as in view of the inquiry report (Annexure R-1), the instant petition is ordered to be disposed of as having been rendered infructuous.