Order of the Allahabad High Court regarding release of quarantined persons, Uttar Pradesh, 30/05/2020

  • 30/05/2020

Order of the Allahabad High Court in the matter of release of the members of Tablighi Jamat, who were quarantined after they returned to Uttar Pradesh after visiting Markaz Nizamuddin, Delhi on March 5, 2020.

The matter was registered as a Public Interest Litigation on the basis of a letter sent by Shaad Anwar. According to the petitioner, all the quarantined persons have completed the period prescribed but the state is not releasing them without any just and valid reason. Manish Goyal, Additional Advocate General assisted by A.K. Goyal, Additional Chief Standing Counsel appearing on behalf of the state of Uttar Pradesh informed the court that none of the members of the Tablighi Jamat, who were Indians, are presently under detention in the quarantine centers in 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.

The High Court while accepting the version of the state in the matter stated that 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.

The Allahabad High Court also directed that the large number of people, including migrant workers, who were quarantined due to COVID-19 at different places in Uttar Pradesh, be released once their quarantine period was over. “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,” the court added.

The Chief Secretary, state of Uttar Pradesh has been asked to set up a three members committee in every district to ensure smoother, greater and more effective functioning of the quarantine centers. The committee has the duty to ensure that the centers are properly functioning and make sure that they are maintained, controlled and administered efficiently.

The HC also entrusted the committee the task of providing help, assistance and guidance to the quarantined persons and ensure that they are released forthwith “provided they have tested negative after completing quarantine period and there is no legal impediment in releasing them,” said the order passed by Justices Shashi Kant Gupta and Saurabh Shyam Shamshery.