KANHAIYA KUMAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner is a Sub-Inspector/Steno in Central Industrial Security Force (CISF); posted at THDC Unit, Tehri Bhagirathipuram, District Tehri Garhwal. On account of certain movement made by him, during the lockdown period as declared by the Government of India due to pandemic, he was directed to undergo quarantine for a period from 25.05.2020 to 07.06.2020. He is accused of having escaped from the quarantine, which he was undergoing for the aforesaid period and due to which the FIR was registered against him on 05.06.2020 for commission of the offence under the provisions contained under Section 2, 3 of the Epidemic Diseases Act, 1897, to be read with Section 51(b) of the Disaster Management Act, 2005, and Section 188 of IPC by way of an FIR No. 21 of 2020 dated 05.06.2020; registered against him at Thana Tehri, District Tehri Garhwal.

(2.) Learned counsel for the petitioner had drawn the attention of this Court to Annexure-8, to the writ petition, which are the guidelines, which had been issued by the Ministry of Health and Family Welfare of the Government of India to the State/Union Territories, for the purposes of laying down and adherence of the norms to be followed during quarantine, during the lockdown period, which included the period of quarantine which a person has to compulsorily undergo during this period. It was under these guidelines, which were issued on 15.04.2020 by the Union Home Secretary, that the petitioner was placed under the quarantine for the period as referred above.

(3.) The argument of the learned counsel for the petitioner is that subsequent to the issuance of the said guidelines of 15.04.2020, the Government of India had issued yet an another order on 30.05.2020; being an order No. 40-3/2020-DM-I(A) and particularly he has drawn the attention of this Court to the clause-6 of the said office memorandum, wherein, the restrictions on the movement of persons and goods, were slightly diluted and slackened by the said directions. Clause-6 is quoted hereunder: