FACTS OF THE CASE:
The present case was filed before the Allahabad HC by Shaad Anwar seeking release of the members of Tablighi Jamaat who were quarantined and have completed the quarantine period.
- Petitioner stated that all persons so quarantined have completed the period prescribed but the state is not releasing them.
- It was alleged that there was a violation of Article 21 of the Constitution of India and the petitioner sought a direction in this regard.
- The court asked the state to give reasons not releasing such persons.
COURT OBSERVED THAT:
- As a guardian of a constitution, the 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 the quarantine period and have tested negative can not be further detained in quarantine and it would be violative of Article 21 of the constitution.
- The court directed the state to set up a three member committee in every district to ensure smoother, greater and more effective functioning of the Quarantine Centers.
- This committee shall not only supervise the functioning but also to see that the centers are properly maintained, controlled and administered and provide help, assistance and guidance in the wake of difficulties.
