Law:

Section:

Bonded Labour System (Abolition) Act (III of 1992)--- ----Ss. 5, 9 & Preamble---Constitution of Pakistan (1973), Art.184 (3)---Direct complaint to Supreme Court---Detenu, recovery of---Complainant filed direct complaint to Supreme Court for recovery of his relatives who were alleged to be detained by brick kiln owners, as bonded labour---On the direction of Supreme Court detenues were recovered by police and were produced before Supreme Court---Effect---Bonded Labour System (Abolition) Act, 1992, was promulgated on account of a passed by the Supreme Court for the purpose of taking care of such class of labour who were detained some times along with their families for forcible labour, particularly at brick kilns---Culprits made an attempt to save their skin from criminal liability on different pretexts including the one that labourers were working voluntarily at brick kiln---Supreme Court had made breakthrough to effect the recovery of such class of labourers, who were detained by brick kiln owners on the pretext that they had entered into an agreement to work at brick kiln---Although Bonded Labour System (Abolition) Act, 1992, had been promulgated, yet in its terms it was not sufficient to cater the requirement---Supreme Court observed that to ensure application of fundamental rights of such class of labourers guaranteed by the Constitution, law must be more stringent, otherwise it would become difficult for law enforcing agencies as well as courts to effect recovery of detained persons and to punish delinquents adequately---Supreme Court recommended that law givers should review the provisions of law by incorporating provisions to cater for such requirements and directed the Provincial Governments to lodge campaign through agencies mentioned in S.9 of Bonded Labour System (Abolition) Act, 1992, keeping in view the observations noted by Supreme Court for ensuring implementation of law on the subject in letter and spirit to control the bonded labour in their respective Provinces---Detenues were set at liberty. Darshan Masih alias Rehmatay and others v. The State PLD 1990 SC 513 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C J.---Instant complaint was received…

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