The Allahabad High Court has directed the Chief Secretary Uttar Pradesh to set up a three-member committee in every district to ensure smoother, greater and more effective functioning of the Quarantine Centres while also directing to release the persons whose quarantine period is over after they tested negative.
“This Committee shall not only to supervise the functioning but to see that the Quarantine Centers are properly maintained, controlled and administered and also provide help, assistance, guidance in the wake of difficulties and problems faced by the persons, who are quarantined and further ensure that the persons, who have completed quarantine period, are released forthwith provided they have tested negative after completing quarantine period and there is no legal impediment in releasing them,” said by the Court.
The Court also directed the Chief Secretary, State of Uttar Pradesh to ensure that the persons, who have completed their quarantine period be released forthwith from the Quarantine Centers provided they have tested negative and there is no legal impediment in releasing them.
The Division bench of Justice Shashi Kant Gupta, and Justice Saurabh Shyam Shamshery while hearing the petition said that “before parting, we wish to note that due to prevailing outbreak of Covid-19, large members of persons including migrant workers, are quarantined at different places in the State of Uttar Pradesh. They are required to be released as soon as quarantine period is over. As a guardian of the Constitution, this Court has a duty to interfere whenever there is an abuse of power or usurpation of a right conferred by the Constitution. Persons, who have completed their quarantine period and have tested negative can not be further detained in the Quarantine Centers against their wishes. It would be in violation of personal liberty under Article 221 of the Constitution of India”.
Advocate Mr. Shaad Anwar had sent a letter on the basis of which Public Interest Litigation was registered seeking release of the members of Tablighi Jamat, who were quarantined after they returned to Uttar Pradesh after visiting Markaz Nizamuddin, Delhi in the morning on 5.3.2020.
Thereafter, notice was issued to the State through Advocate General at Allahabad, also the petitioner, Advocate filed a detailed petition, furnishing details of the 45 members of Tablighi Jamat, who were sent to Quarantine Centre at various places within the State of Uttar Pradesh.
Later, the High Court issued an order on 29.5.2020 in which the State was directed to make available all details pertaining to the members of Tablighi Jamat, who were quarantined, released after completing the quarantine period or have yet not been released despite completing tenure of quarantine. The State was further directed to give reasons for not releasing such persons, if any.
On Saturday, again the matter was taken up at 12.30 pm through Video Conference, whereby a detailed Chart was provided by the State, inter alia, indicating that total 3001 Indians as well as 325 foreigners, who were the members of the Tablighi Jamat were quarantined. It was further stated that all the 3001 members of Tablighi Jamat, who were Indians, have been released after completing the quarantine period, details of which have been given in the Chart.
Mr. Manish Goyal, Additional Advocate General assisted by Mr. A.K. Goyal, Additional Chief Standing Counsel appearing on behalf of the State had stated that none of the members of the Tablighi Jamat, who were Indians, are presently under detention in the Quarantine Centers in the State of Uttar Pradesh as they all have already been released from the Quarantine Centers. They have returned to their respective States barring few members who have made their own private arrangements for their stay.
On which, the petitioner-advocate submitted that few members (Indians) of Tablighi Jamat, who have completed their quarantine period are still in Quarantine Centers but have failed to provide details of such members.
Therefore, the High Court said that since the petitioner has failed to disclose the names of such members of Tablighi Jamat, who have not been released from the Quarantine Center, we find no reasons to disbelieve the statement made by the learned Additional Advocate General, Mr. Manish Goyal appearing on behalf of the State.
“Thus, keeping in view the statement made by Mr. Manish Goyal, learned Additional Advocate General at the Bar on the basis of the instructions received and the detailed Chart produced by him as referred to by us in the earlier part of this order, we accept the version of the State in this regard. However, it would be open to the petitioner to ventilate its grievances in accordance with law before the appropriate forum in case he discovers later on that some members of Tablighi Jamat are still detained in the Quarantine Center despite completing the requisite period of quarantine,” mentioned by the Court.
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