J.J.MUNIR,J. - (1.) This writ petition for a writ, order or direction in the nature of Habeas Corpus has been filed asking this Court to liberate petitioner nos. 2 to 10 from the unlawful custody of respondent no. 4, a brick kiln owner.
(2.) A modified rule nisi was issued by this Court requiring each of the petitioner nos. 2 to 10 to be produced before the learned Chief Judicial Magistrate, Baghpat for the purpose of knowing their stand whether they are confined and forced them to stay with respondent nos. 4 and 5 against the detenues' will and wish. The statement of petitioners no. 2 to 10 in compliance with rule nisi has been recorded by the learned Chief Judicial Magistrate, Baghpat. The statement of each of the petitioner nos. 2 to 10 are reproduced hereinbelow: ....[VARNACULAR TEXT OMITTED]....
(3.) A perusal of statement of the second petitioner, Smt. Reshma shows that she has been forcibly held by respondent nos. 4 and 5 against her will and wish. She has been compelled to work as a labourer at the brick kiln. It is also stated that she has been beaten and abused. So far as the third petitioner Km. Soni is concerned, she is a minor and staying in brick kiln because her mother, the second petitioner Smt. Reshma is confined there. So far as the 4th petitioner Km. Prayanshi is concerned, she is also a minor, and daughter of the second petitioner and she has also stated that her mother has been threatened to stay at brick kiln by respondent nos. 4 and 5. Petitioner nos. 5 and 6 are minor children aged two years and seven years, respectively about whom the learned Chief Judicial Magistrate has recorded the fact that they are not in a position to make a statement. It appears that the these two very young children are compelled to stay with their mother at the brick kiln. Petitioner no. 8, Km. Ravita has stated that she is being forced to stay with respondent nos. 4 and 5 and compelled to work at the brick kiln. The said respondents do not permit her to go anywhere. She has stated that she has been abused by the respondent nos. 4 and 5 in vulgar language and beaten. Petitioner no. 9, Km. Ram Bhateri has stated that she has been forced to stay and work at the brick kiln without payment of wages and, whenever she says that she wants to go home, she is abused and beaten by respondent nos. 4 and 5. It is also said that her brother Akash and her sister Ravita have been beaten with sticks, a number of times. The 10th petitioner Akash, a boy of 17 years has stated that he IS paid meagre wages to the tune of Rs. 2000-/ to 3000/-. It is also stated by him that whenever he or his sister Ram Bhateri say that they want to go away from the brick kiln, respondent nos. 5 Surendra, who is a labour contractor threatens them. The brick kiln owner Raju abuses them. It is further stated by Akash that whenever he says that he wants to leave the brick kiln and go home, respondent nos. 4 and 5 compel him to stay back forcibly. This petitioner has also stated before the learned Chief Judicial Magistrate that he may be liberated somehow from the brick kiln, owned by respondent no. 4, Raju.;