High Court of Punjab and Haryana

Mustak Hussain And Another vs State Of Haryana And Others

MANU/PH/0353/2020

29.04.2020

Criminal

In order to avoid spread of Covid-19 impact, confinement in Quarantine Centre would not amount to illegal detention

Present is a petition under Article 226 of the Constitution of India for issuance of writ in the nature of Habeas Corpus directing Respondents No.1 and 2 to produce and release Petitioners (detenues) from illegal custody/detention by Respondents No.3 and 4 despite grant of bail to Petitioners by Court concerned.

Learned counsel for the Petitioners while substantiating the cause of Petitioners has specifically urged that once petitioners have already been granted bail by Court concerned vide order in case registered under Sections 188 and 269 of Indian Penal Code, 1860 (IPC), Sections 14(b) and 14(c) of Foreigners Act, 1946, Section 51 of The Disaster Management Act, 2005 and Section 3 of Epidemic Diseases Act, 1897, and further the fact that they were found Coronavirus Disease (Covid-19) negative, their confinement in Quarantine Centre amounts to illegal custody/detention and as such they are entitled to be released forthwith.

Petitioners have been arrayed as accused in case FIR and from the very inception of registration of said FIR, they are being quarantined at "Mewat Model School, Hathin". In the abovesaid case, FIR petitioners have already been granted and released on bail vide order as is evident from Police Report.

In order to avoid spread of Covid-19 impact, respective State Governments have restricted the movements of persons of outer States in the area where they were residing at the time of promulgation of nationwide lockdown. State Governments are taking care of boarding, lodging and medical facilities of all those persons at Quarantine Centres and that too at the expense of State Exchequer. The main object of above said venture at the instance of Government of India as well as State Governments is to protect the life of each and every persons living in this Country from the impact of Covid-19.

Basic steps initiated by the Government of India and State Governments to curb the impact of Covid-19 are meant for service to the humanity and as such Petitioners though released on bail in case FIR, being residents of outer States (Assam and Bihar) have been rightly kept in Quarantine Centre during nationwide lockdown with facilities of boarding, lodging and medical and that too at the expense of State Exchequer. Instant petition though given the nomenclature of Habeas Corpus, is not maintainable and is dismissed.

Tags : Covid-19 Impact Quarantine Legality

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