- (1.) The present matter was registered as Public Interest Litigation on the basis of a letter sent by Mr. Shaad Anwar, Advocate seeking release of the members of Tablighi Jamat, who were quarantined after they returned to Uttar Pradesh after visiting Markaz Nizamuddin, Delhi in the morning on 5.3.2020.
(2.) By order dated 14.5.2020, notice was issued to the State through Advocate General at Allahabad. Thereafter, the matter was taken up on 21.5.2020, and following order was passed: "Sri Anwar seeks a day's time to bring on record the necessary facts in this regard and the details of such persons so that we may ask the State to submit response to it."
(3.) Pursuant to the aforesaid order, the petitioner, Mr. Shaad Anwar, Advocate filed a detailed petition, furnishing details of the 45 members of Tablighi Jamat, who were sent to Quarantine Centre at various places within the State of Uttar Pradesh. The matter thereafter was again taken up on 29.5.2020 and the following order was passed : - "Sri Shaad Anwar, a practicing Advocate at New Delhi has preferred this petition for writ to have direction to release the persons who were quarantined on the count that they participated in some function organized by Tablighi Jamat. According to the petitioner, all the persons so quarantined have completed the period prescribed but the State is not releasing them without any just and valid reason. While alleging violation of fundamental right of such quarantined persons as enshrined under Article 21 of the Constitution of India, the petitioner states that a direction is required to be issued to the State to release such persons forthwith. Suffice to state that as per learned Additional Advocate General, Sri Manish Goyal there are few persons who have yet not been released due to non-availability of transportation from the State of Uttar Pradesh to the State to which they belong and as such those persons are at quarantine centres at their own will. The petitioner has opposed the facts stated by learned Additional Advocate General. Having considered all facts of the case, we deem it appropriate to direct the State to make available all details pertaining to the members of Tablighi Jamat, who were quarantined, released after completing the quarantine period or have yet not been released despite completing tenure of quarantine. The State shall also give reasons for not releasing such persons, if any. Let this petition for writ be listed on 30th May, 2020 at 12.30 pm to be taken up through Video Conferencing." ;