Lalit Batra DECISION
Lalit Batra, J.
1. This 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 at "Mewat Model School, Hathin", by respondents No. 3 and 4 despite grant of bail to petitioners by Court concerned.
2. Though it has been specifically mentioned at the footnote of petition that advance copy of complete paperbook has been supplied to the State of Haryana through the designated e-mail ID i.e. Deepak.sabherwal. legal@gmail.com but on asking of Court as nobody had put in appearance on behalf of respondent-State, learned counsel for the petitioners replied that actually no advance copy of complete paperbook has been supplied to State of Haryana and as a matter of fact above said footnote was typed as a matter of routine and further submitted that in a petition for Habeas Corpus no advance copy of paperbook is required to be sent to the State concerned.
3. In view of above and state of affairs as detailed in the petition, respondent-State is required to be heard as assistance of State counsel is necessary for proper adjudication of instant petition.
4. Notice of motion.
5. On asking of Court, during the course of hearing, learned counsel for petitioners has sent copy of complete paperbook to the designated e-mail ID i.e. Deepak.sabherwal. legal@gmail.com and after having conveyed the matter to learned State counsel (Mr. Deepak Sabherwal, Additional Advocate General, Haryana), hearing of this petition was resumed after half an hour.
6. 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 dated 26.04.2020 in case FIR No. 95 dated 02.04.2020 under Sections 188 and 269 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, registered at Police Station Hathin, District Palwal and further the fact that they were found Coronavirus Disease (Covid-19) negative, their confinement in Quarantine Centre "Mewat Model School, Hathin" amounts to illegal custody/detention and as such they are entitled to be released forthwith.
7. On the other hand, learned State counsel submits that though petitioners are residents of Assam and Bihar States respectively but on 31.03.2020 they alongwith several Bangladeshi Nationals belonging to Tablighi Jammat were found in Mosque of Village Huchpuri, Police Station Hathin, District Palwal despite the fact that nationwide lockdown had already been promulgated due to Covid-19. He further submits that petitioners were quarantined and are being kept at "Mewat Model School, Hathin" and their entire boarding, lodging and medical facilities are being taken care of by the authorities concerned i.e. Nodal Officer, local Sub-Divisional Magistrate and that too at the expense of State Exchequer. He further urges that though vide order dated 26.04.2020 passed by Court concerned, petitioners have been granted and released on bail in case FIR No. 95 dated 02.04.2020, as detailed above, but after having sought the opinion of Medical Authorities, they are being quarantined in "Mewat Model School, Hathin" till date as petitioners being residents of Assam and........