Plea in Delhi High Court seeks release of foreign Tablighi Jamaat members from COVID-19 quarantine

By- Charvi Singh

A petition has been moved in the High Court of Delhi requesting the release of 916 foreign nationals who were directly involved in the religious congregation of Tablighi Jamaat at Nizamuddin Markaz located in Nizamuddin West in South Delhi, India. from institutional quarantine. In the submitted plea it was mentioned that they are being held at the institutional quarantine despite being tested negative for novel coronavirus infection test.

Around 20 petitioners have submitted their plea before the high court for the release of the foreign nationals while emphasizing that these people are undergoing the institutional quarantine since March 30, 2020 without giving any proper reason behind it.

In the submitted petition to the High Court it was also mentioned that, this quarantine is “bereft of legality and ultra vires of Articles 14, 21 and 22 of the Constitution of India and thus is liable to be quashed.”

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Further, it was also mentioned in the submitted petition that, “after being proven as corona negative, the mere act of detaining 916 foreign nationals in institutional quarantine for over a month, shall totally similar to illegal detention and violating of certain articles of the Indian Constitution like for instance Articles 14, 21 and 22 of the Constitution of India and thereby praying for a Writ of Habeas Corpus be issued by the High Court ordering for the instant release of the nine hundred sixteen foreign nationals.”      
Apart from this through the petition it was also requested from the High Court of Delhi to initiate the procedure of deportation of asymptomatic foreign nationals stranded in India which was issued on 3rd April and that all 916 foreign nationals related to Markaz have tested negative for COVID-19.

It was also claimed that the Department of Revenue has ordered for the release of Indian nationals who tested negative but in the matter of the foreign Nationals “there appears to be deliberate inaction and total infringement of the Fundamental Rights”.