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P L D 1997 LAHORE 428

MUHAMMAD SIDDIQUE
V/S
MANSHA AND OTHERS
Per Muhammad Aqil Mirza, J.

(a) Constitution of Pakistan (1973), Article 11
r/w Criminal Procedure Code (V of 1898)—–S. 491—-

The Prime facie, women and children of the family of the petitioner, have been made victims of forced labour sytem with the connivance of the petitioner. The owners of the brick-kilns cannot engage labour after making advance payments under the the bonded labour system. This is patently an offence. Resultantly, they cannot plead justification for getting forced labour from the detenues on the ground that head of the family had obtained advance amount for future work by the detenues.[p. 430]A

For what has been stated above, it is directed that S.S.P., Sargodha shall direct S.H.O., Police Station Bhera to register the case against the petitioner, respondent No.9 and the owners of the brick-kilns who have been dealing the detenues under the bounded labour system, for committing the aforementioned offences, and get the case investigated by a responsible senior officer not below the rank of a D.S.P.[p. 430, 431]B

The detenues who have not been recovered so far will be recovered by the police and set them at liberty. [p. 431]C

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