Judical Action to end Bonded Labour - Human Rights Commission ...

complaints with the High Court and the Supreme Court. These complaints were also dealt
with so as to understand the depth and extent of the forced/bonded labour practice in the
brick-kiln industry as also for keeping in view the causes to devise the means and measures
through which a lasting solution could be found.
It may be mentioned here that contrary to what had happened in the neighbouring
country regarding bonded labour, the Government neither at the Federal nor at the Provincial
level took sides with the employers-rather the Government agencies (other than local)
particularly in the Law and Labour offices had sympathetic, and one could say, loaded
attitude in favour of the labourers. Though the local executive some times did, like the police,
help the brick-kiln owners; yet on the matters being reported to the court they particularly the
District Magistrates, by and large, adopted correct attitude. However, a possibility cannot be
excluded that this response from the District administration may have been due to the
prompt action which was being taken by the High court in habeas corpus jurisdiction.
Otherwise a fear/possibility, which was strongly expressed,/existed that left to themselves
the district administration would side with the employers, and is in the habit of protecting the
police whenever it sides with them.
Considerable material on various aspects of the bonded labour practices; in question
became available in various reports which in compliance with the directions of the court,
were submitted duly. They are as follows:î
ìReports of Mr. Khalil Ramdey, Advocate-General, Punjab, together
with the report of Mr. Tanvir Ahmed Khan, Additional Advocate-General, two
reports of Mr. Abdus Sattar Najam, a representative of the Lahore High Court
Bar Association; report of Mr. Ahsanullah Khan on behalf of the labourers;
report of Mr. Shoaib Niazi on behalf of the brick: kiln owners; report of
Director Labour Welfare Punjab; confidential report submitted by the DSP
concerned; a confidential report submitted by Miss Asma Jahangir,
particularly dealing with some matters in which an open report might have
prejudiced the interest of some innocent persons and another confidential
report were amongst others submitted to the Courts These reports be read
as Schedule I (page 1 to 107) to this judgment. (A compilation of complaints
from both sides although not made part of this judgment like the reports; yet
they are useful as a . background material in order to understand the nature
of this matter. , They have been complied (pages 1 to 205) by the office of
this Court and in case of need can be referred to as Appendix 1 to this
judgment). The case again came up before me in chambers for passing
interim orders till the court was able to deal with the matter in court in a larger
Bench in due course.î
All concerned were heard at length and keeping in view about hundred complaints
which were brought to my notice; the proceedings in those cases; the proceedings in this
case; the reports submitted in writing; and the oral submissions made by all concerned
including individual labourers and brick-kiln owners the following Orders were passed on
17/18-9-1988.
PRESENT
Mr. Justice Muhammad Afzal Zullah.
IN THE SUPREME COURT OF PAKISTAN
(ORIGINAL JURISDICTION)
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Mr. Khalil Ramday, Advocate-General, Punjab,
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