Allahabad HC: Detention Beyond Requisite Quarantine Period Violates Right to Life

The Allahabad High Court while hearing a petition concerning the release of members of Tablighi Jamaat issued directions to the state governments. Advocate Shaan Anwar filed the petition. The states have to ensure that the persons tested negative for COVID-19 stand released from Quarantine Centers; on completion of their quarantine period. The bench comprised of Justices Shashi Kant Gupta and Saurabh Shyam Shamshery. Notably, many persons, including migrant workers, remain quarantined at different places owing to the prevailing COVID-19 outbreak. However, they have completed their requisite quarantine period. Detention in the Centres even after the completion of their quarantine period results in gross violation of Article 21 i.e. Right to life.

Arguments Advanced

The Court directed the Chief Secretary, State of Uttar Pradesh to set up a three-member committee. The committee has to ensure smoother and more effective functioning of the Quarantine Centers. On the contrary, Advocate General Manish Goyal appeared on behalf of the state. He informed the court that most of the members who attended the event are already released However, twenty-one among them are detained in the jail. Petitioner argued that the State has failed to disclose the details of the members in its entirety.

Court’s Take

The Court held that the petitioner has failed to supply the names and details of the unreleased members. Being that, the statement furnished on behalf of the State is correct. Moreover, the petitioner can approach the appropriate forum on discovering about the detention of certain members of Tablighi jamaat. Consequently, the court disposed off the matter.

About the Author

Shriya Kataria
A writer by day and a reader by night. I am a Lawyer in making and a lifelong humanitarian. My enthusiasm for content writing and public speaking is real and undeniable. When not writing, I'm either painting or busy with my slam poetry.

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