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

More documents

Recommendations

Info

question but did not know the whereabouts and address of the sender of the telegram. 3. That in order to appraise their Lordships of the entire matter and circumstances that exist behind this telegram I considered it my duty as an officer of this Honourable Court to. prepare the present report as best as I could, thus towards this end I have contacted the persons and institutions mentioned below. (a) I. G. Police (b) DIG Police Jahangir Mirza (c) ?? (d) Asma Jahangir, Advocate, Lahore (e) Rana Salim, Advocate, Chunian Bar Association. (f) Ehsanullah Khan, Bhatta Mazdoor Mahaz, 1-Dyal Singh Mansion, The Mall, Lahore. 4. Following my detailed interviews with the abovementioned persons I have gone through the material provided to me by them and obtained some material myself through the press and the criminal branch of the Lahore High Court, Lahore. I am placing this material before his Lordship. This material includes:- (a) Habeas corpus petitions filed in Lahore High Court, Lahore since 15-5-1988 with annexures, reports of bailiffs, and orders of the Honourable High Court. (b) Copies of FIR'S filed by bhatta owners on the labourers subsequent to their release from the Honourable High Court, Lahore. (c) Media clippings and reports on bonded labour in brick-kiln Industry. These reports include: (i) Press clippings and write-ups. (ii) Report on brick-kiln by Women's Division, Government of Pakistan. (iii) Report on special inquiry ordered by DMLA, Headquarter Secticn-5, Rawalpindi, Martial Law Zone-A. . (iv) Report of the Human Rights Commission of Pakistan. 5. That on reading these reports/material and after meeting with the abovementioned persons, as I was given this task by this Honourable Court, I personally visited some bhatta sites at Bhai Pheru, District Kasur to further authenticate and verify the allegations made so far and to discern the magnitude of the bonded labour problem. However, I am in no position to give any verification but place the facts before your Lordships. 6. In order to understand the entire complexion of this social and legal problem, I enclose some legal measures taken by the government of India in this matter where similar situation exists. 7. In view of the above, I would like to humbly submit to their Lordships that the telegram may not be treated as a single and isolated incident but be regarded as a part of a whole legal and social problem that exists in Pakistan i.e. bonded labour and is particularly rampant in the brick-kiln Industry where the Honourable Courts have found illegal detention in a number of cases but where the violators of this law have not been proceeded with in accordance with law. --- 31 ---
8. That regarding the present telegram the facts are submitted before your Lordships as under. (a) That the sender of the telegram is one Rehmat Masih s/o Ismail who was a Petitioner in Crl. Misc. No. 266/H/88 fixed before his Lordship Mr. Justice Fazal Karim. (i) That his Lordship ordered that a bailiff of the Court be deputed to produce the detenus numbering 89 before the Honourable Court. (ii) That amongst the 89 detenus, were the petitioner's family members, women and 31 children. (iii) That on 16:5.88 (the next day) the bailiff submitted his report to his Lordship Mr. Justice Fazal Karim which confirmed their illegal detention. The bailiff also reported ìsix alleged detenus namely, Aslam Masih, Polia Masih, Boota Masih, Sardar Masih, Anwar Masih and Jamal Masih were given severe beating by the respondent's men just before my arrivalî and they were recovered from a haveli of animals adjacent to brick-kiln. They were confined in a room. Their condition was very miserable at the time of recovery.î The Honourable Court satisfied of the illegal detention ordered the release of the detenus, however the Honourable Court did not give any direction of filing cases against the respondents. Subsequently the detenus were medically examined. (iv) That subsequent to this habeas corpus petition five more petitions were filed out of which two were dismissed by his -Lordship Justice Sheikh Riaz and the bailiff was not deputed to recover the detenus. Instead ASI, Thana Manga Mandi, Lahore was directed to produce the detenus. The honourable Justice Sheikh Riaz observed. ìOn the direction of this Court, the ASI has visited the brick-kiln and found the detenus are not in illegal confinement. In fact, this is usual dispute which arises with the brick-kiln owners. The labourers take advances and then (hey do not want to work and under the garb of the order of this court they are recovered and get licence to work wherever they like. In these circumstances, the habeas corpus petition is not competent and the same is hereby dismissed.î Dated 10-7-88 in Cr. Misc. No. 374/H/88. 9. That the present petitioners, senders of the telegram were released and subsequently it is alleged that one Sadiq Masih was picked up by Riasat Ali Shah, Sub-Inspector CIA Chunian, three constables and Mr. Rao Qayum (Bhatta owner) along with companions in broad daylight from Chunian where several witnesses were present, this incident has also been alleged as correct by Advocates at Chunian Bar including, Rana Salim, Sheikh Ashfaq and Sardar Salim. 10. It is alleged that Sadiq Masih was kept under illegal detention at the Bhatta of Rao Qayum, physically beaten and tortured and then later it is alleged that he was falsely implicated in case F.I.R. No. 307/88 registered with Police Station Bhai Pheru where he was also tortured at the police station. 11. That subsequently five more FIRs were made against Sadiq Masih FIRs No. 319/88,328/88, and another a few days later. 12. A complaint of the abduction is also filed with SSP Kasur which was marked to DSP Chunian but no action has been taken on this. (Annexure 'B' enclosed) --- 32 ---
Page 1 and 2: Published by Human Rights Commissio
Page 3 and 4: This book is dedicated to the memor
Page 5 and 6: The existence of bonded labour bega
Page 7 and 8: The Human Rights Commission of Paki
Page 9 and 10: In his second report, Mr Najam reca
Page 11 and 12: 14 of them have been arrested. Some
Page 13 and 14: grounds advanced in this petition w
Page 15 and 16: were tenants and as such subject to
Page 17 and 18: --- 2 ---
Page 19 and 20: of trust. The accused reportedly re
Page 21 and 22: egard to Akram, the DSP has produce
Page 23 and 24: As on previous hearing the members
Page 25 and 26: the labourers and their organizatio
Page 27 and 28: Mr. Tanvir Ahmad Khan, Additional A
Page 29 and 30: concerned have once more accepted i
Page 31 and 32: Mahaz: undo this impression and Mr.
Page 33 and 34: 8. All those applications are, acco
Page 35 and 36: (f) The owners shall not directly o
Page 37 and 38: case of enforcement of Fundamental
Page 39 and 40: which is certain, and unfaltering,
Page 41 and 42: 7. As was observed by My Lord of th
Page 43 and 44: to the brick-kiln Owners, account o
Page 45: (a) The system of 'BONDED LABOUR' n
Page 49 and 50: prepared by a Martial Law team on t
Page 51 and 52: execution of law certainly is param
Page 53 and 54: فϴϟ ف̯ ΕΎϗϭ΍ έΰ̳ فγ
Page 55 and 56: ؟ϠδϠγ ف̯ ΕήΟ΍ ̶̯ ؏ϭ
Page 57 and 58: ΍ΰγ ΖΨγ Ϯ̯ ؟ՍϬΑ ϥΎ̰
Page 59 and 60: strongly established about the work
Page 61 and 62: contributions in the work to earn m
Page 63 and 64: the brick-kiln owners use every met
Page 65 and 66: ؏ϭέ΍Ω΍ ϥ΍ -؏Ϯ٫ ζϴ̡ ف
Page 67 and 68: WOMEN to their parents and are born
Page 69 and 70: ecording of their statements that t
Page 71 and 72: disreputed. On 15-5-1988 Muhammad I
Page 73 and 74: ̶̯ ϡΎ̯ ف̯ ϥ΍ έϭ΍ ف٫
Page 75 and 76: --- 60 ---
Page 77 and 78: --- 62 ---
Page 79 and 80: Judgment: Zahid Qurban Alavi, J. ñ
Page 81 and 82: detained as understood in common pa
Page 83 and 84: Court may (not usually) direct a pe
Page 85 and 86: 26. In the reported case in 1993 ML
Page 87 and 88: Tabassam v. D.C. Shikarpur (1991 ML
Page 89 and 90: e. he shall be responsible for the
Page 91 and 92: amendments may be made to regulate
Page 93 and 94: --- 78 ---
Page 95 and 96: CIVIL PETITION FOR LEAVE TO APPEAL
Page 97 and 98:
which was fixed on 17 lh October 20
Page 99 and 100:
ignored the fact that such loans al
Page 101 and 102:
c. Direct the Respondents No. 1 to
Page 103 and 104:
--- 88 ---
Page 105 and 106:
Nos.465 and 475 of 2000 namely Kanj
Page 107 and 108:
Section-5. Agreement, custom, etc.,
Page 109 and 110:
terms of section 8 a tenant at will
Page 111 and 112:
is evident that the moment that spe
Page 113 and 114:
confine his domestic servant for mi
Page 115 and 116:
(ii) That the provisions of the afo
Page 117 and 118:
--- 102 ---
Page 119 and 120:
--- 104 ---
Page 121 and 122:
Shariat Petition No. 10/L of 1993.
Page 123 and 124:
any, document] and in consideration
Page 125 and 126:
(2) Whoever contravenes the provisi
Page 127 and 128:
The hearing of the case went on for
Page 129 and 130:
(iv) Upholding of inviolability of
Page 131 and 132:
2. One who sells a free person and
Page 133 and 134:
ìA man shall honour his contracts
Page 135 and 136:
ick-kilns, and other similar establ
Page 137 and 138:
--- 122 ---
Page 139 and 140:
(2) forfeit the freedom of employme
Page 141 and 142:
where any such property was, immedi
Page 143 and 144:
18. Offences by companies. (1) Wher
Page 145 and 146:
4. Powers and duties of the Distric
Page 147 and 148:
(2) As soon as the Vigilance Commit
show all

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?