HC directs shifting of 955 Markaz attendee foreigners from quarantine centres to alternate places

The Delhi High Court Thursday directed that 955 foreign nationals, who had participated in the religious congregation at Nizamuddin Markaz event during the COVID-19 lockdown, be shifted from institutional quarantine centres to nine alternate accommodations. The High Court warned that they should not shift to any other location without the permission of Delhi Police.

. A bench of Justices Vipin Sanghi and Rajnish Bhatnagar, which conducted the hearing through video conferencing, disposed of two petitions filed by various foreign nationals and said they and the Delhi Police shall coordinate as to which of them are being shifted to which of the facilities. The high court's order came after the Centre, Delhi government and Delhi Police did not object to the suggestion of petitioners' counsel for shifting the foreigners to alternate accommodation and that the financial burden will be borne by the community, Tablighi Jamaat.

"Accordingly, we dispose of these petitions with a direction that the 995 foreign nationals in question be shifted to the aforesaid facilities from the institutional quarantine centres. The petitioners and the Delhi Police shall coordinate as to which of them is being shifted to which of the facilities. "The foreign nationals shall remain at the facility to which they are shifted, and shall not shift to any other location, without prior permission of Delhi Police. We make it clear that our order shall merge in the order that the magistrate may pass – before whom the charge sheets would be filed, in case the said foreign nationals approach the concerned magistrate for grant of bail," the bench said.

The court allowed the shifting of the foreign nationals to the eight facilities -- Jamiat Ulema Hind, Haj House, Zayed College, HR School, two MS Creative Schools, Meraaj International School (Couples) and Axle School -- and to Hotel Smart Plaza at Mahipalpur here in respect of the Malaysian Nationals. "The petitioners and the respondents shall coordinate, so that complete log is maintained of each of the foreign nationals regarding the facilities to which they are shifted," it said.

During the hearing, Delhi government standing counsel Rahul Mehra and advocate Chaitanya Gosain told the court that till date 47 charge sheets have been filed in respect of 910 foreign nationals belonging to 35 countries. The counsel said Delhi Police has no objection to these eight places suggested by the petitioners and also to the request made by the Malaysian Embassy for housing the Malaysian nationals at Hotel Smart Plaza here. These facilities have been verified by the Revenue Department of Delhi Government, the counsel said.

Central government standing counsel Amit Mahajan also said that the Union of India has no objection to these foreign nationals being shifted to these places. The high court had earlier sought response of the authorities on a plea seeking release of 916 foreign nationals, who had participated in the religious congregation at Nizamuddin Markaz event and are held in institutional quarantine since March 30 despite being tested negative for COVID-19. Later, another similar petition was filed by various other foreign nationals.

Senior advocate Rebecca John and lawyer Ashima Mandla, appearing for the petitioners, had sought that all foreign nationals who have been tested negative for COVID-19 and are in quarantine be released and sent to alternate places of accommodation and submitted the list. The petitions had challenged a May 9 order of Delhi government's Department of Revenue which had directed for handing over of 567 foreign nationals, presently held in institutional quarantine, to the custody of Delhi Police after being tested negative for the virus.

The petitioners had said the order is ultra vires to the right to equality before law and right to life and liberty. The pleas said FIRs were lodged by the Delhi Police in relation to the Markaz congregation against unknown persons.

It said the Delhi government's Revenue Department's order directing for handling over custody of 567 foreign nationals under institutional quarantine to the custody of the Delhi Police, upon being tested negative for Covid-19, is prima facie illegal and untenable in law. After being exposed to a large gathering in March amid the COVID-19 or coronavirus lockdown many members of Tablighi Jamaat from Markaz Hazrat Nizamuddin were taken out by the authorities and lodged in different quarantine centres in Delhi. Some of them were sent to the centres a few days later after being detained from various mosques.

In April, COVID-19 cases in Delhi spiked after hundreds of many Tablighi Jamaat members, who had attended a large congregation in Nizamuddin, tested positive. The other members were directly taken to quarantine centres to contain the spread of COVID-19.