Tablighi jamaat
Tablighi jamaat|Image Courtesy : ANI
Litigation News

[Tablighi Jamaat] Delhi HC allows foreign nationals to move to alternate place of accommodation from institutional quarantine centres

Aditi Singh

The Delhi High Court today allowed more than 950 foreign nationals, who participated in the March Nizamuddin Markaz event, to move to alternate places of accommodation from institutional quarantine centres. (Mohd Jamaal vs UOI & Ors)

The costs incurred on providing the alternate accommodation, as well as the allied facilities, shall be borne by the Tablighi Jamaat community itself.

The order was passed by a Division Bench of Justices Vipin Sanghi and Rajnish Bhatnagar after the Delhi Government, Delhi Police and Central Government said that they had no objections to the foreign nationals moving to another loaction.

The Court was hearing in two habeas corpus petitions seeking the release of quarantined foreign nationals from institutional quarantine.

Earlier this week, the Delhi Government had clarified that the foreign nationals who attended the Nizamuddin Markaz were not "under any type of custody" and that the Government was only "looking after them".

The Delhi Police had also stated that nobody from the Markaz congregation had been arrested or detained in the connection with the FIR registered after the COVID-19 outbreak.

The Court had then asked the counsel for the Petitioners to prepare a list of proposed alternate accommodation for the foreign nationals.

Today, Delhi Police informed the Court that till date 47 charge-sheets have been filed in respect of 910 foreign nationals belonging to 35 countries.

In view of the above submissions, the petitions were disposed of with a direction that the foreign nationals in question be shifted to the alternate facilities from the institutional quarantine centres.

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 learned 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.
Delhi High Court ordered.

The Petitioners were represented by Senior Advocate Rebecca John and Advocates Ashima Mandla, S Hari Haran, Tahir.

Standing Counsel Amit Mahajan appeared for Centre with Advocate Mallika Hiremath.

Delhi Police was represented by Standing Counsel Rahul Mehra with Advocate Chaitanya Gosain.

Read the Order:

Mohd Jamal & ors vs UOI- final order.pdf
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