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

The petition said 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."

New Delhi: A petition has been moved in Delhi High Court seeking the release of 916 foreign nationals, who took part in a religious congregation of Tablighi Jamaat at Nizamuddin Markaz, from institutional quarantine. The plea submitted that they are being held at the institutional quarantine despite being tested negative for coronavirus. 

As many 20 petitioners submitted their plea before the high court for the release of the foreign nationals while insisting that these people are undergoing the institutional quarantine since March 30, 2020. 

According to the petition, 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."

It further said, "the mere act of detaining 916 foreign nationals in institutional quarantine for over a month, despite all 916 persons now testing negative for COVID-19 shall tantamount to illegal detention and violating Articles 14, 21 and 22 of the Constitution of India and thereby praying for a Writ of Habeas Corpus be issued by the Court directing for the immediate release of the foreign nationals."   

The petition also stated that direction for the initiation of deportation process of asymptomatic foreign nationals stranded in India was issued on 3rd April and that all 916 foreign nationals related to Markaz have tested negative for COVID-19. 

It was also alleged that the Department of Revenue has directed for the release of Indian nationals who tested negative but in case of the foreign Nationals "there appears to be deliberate inaction and complete dilution of the Fundamental Rights".