MAHENDRA SINGH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) By this petition, the petitioner seeks the following substantive reliefs :

(2.) It appears that Mr. K. Narayanan is the President of the Centre of Indian Trade Unions (CITU), Mumbai District Committee, since 2019. It appears that Mr. K. Narayanan, as a President of CITU was working actively during the lock-down period by distributing food and other essential supplies to the migrant workers and the poor. It also appears that CITU had called for a national protest against the deteriorating plight of migrant workers and the poor, particularly about food, health, etc. According to the petitioner, Mr. K. Narayanan and his colleagues Mr. Mahboob Patel, CPI (M), Western Suburban Taluka Committee Member and Badruddin Shaikh, CPI (M), Andheri, were distributing food and other essential supplies to the poor and needy on 21st April 2020 in compliance with the social distancing norms and all other norms. It appears that Mr. K. Narayanan and his colleagues were also carrying flags/placards to be distributed to its participants in the protest programme, on 21st April 2020. It is the case of the petitioner that Mr. K. Narayanan had a rough relationship with one Mr. Parmeshwar Ganame, Sr. P.I of D. N. Nagar Police Station on account of several issues relating to police excesses. It is further alleged that Mr. Abhishek Trimukhe, DCP, Zone-IX along with Parmeshwar Ganame, Sr. P.I of D. N. Nagar Police Station and some constable asked Mr. K. Narayanan, Mr. Mahboob Patel and Badruddin Shaikh to proceed to the said Police Station i.e. D. N. Nagar Police Station on 21st April 2020, when the said distribution started. After some conversation, Mr. Badruddin and Mr. Mahboob were allowed to proceed with the distribution of food and essential supplies to the poor and migrants, however, Mr. K. Narayanan was taken to a private lab at Jogeshwari (West) and was asked to undergo a Covid Test, though he exhibited no symptoms. Mr. K. Narayanan was thereafter sent to West Blue Hotel, a Quarantine Center of the Corporation. On 21st April 2020, Mr. K. Narayanan's Covid Test was done and it appears that he was told that the results would come on the next day. It appears that the results were received on 22nd April 2020, however, despite repeated requests, Mr. K. Narayanan was not informed or given a copy of the Covid Test Report. It appears that Mr. K. Narayanan's test reports were obtained by his colleagues directly from the Lab on 29th April 2020, as the result was not being disclosed to Mr. K. Narayanan. It is not in dispute that the Covid Test Report of Mr. K. Narayanan was negative. According to the Circular of the Corporation dated 15th April 2020 (Revised Guidelines for Covid-19 Testing), a patient is to be kept in quarantine for 14 days at the highest, in the event, the tests are negative.

(3.) The Corporation has filed an affidavit of Umesh Bapat, Executive Engineer, Designated Officer of respondent-Corporation. In the said affidavit, in para 6, it is mentioned that respondent Nos. 4 and 5 admitted Mr. K. Narayanan on 21st April 2020 at the Quarantine Center at West Blue Hotel, Maruti Chambers, Andheri (West) as per the telephonic instructions from D.N. Nagar Police Station and pursuant thereto, tests were carried out as per the directions and Guidelines issued by the Central and the State Government. It is also mentioned that Covid Test conducted on Mr. K. Narayanan was found negative in test analysis, however, despite the same, as per various circulars issued by the Central and the State Government, Mr. K. Narayanan was quarantined. In para 7, it is further mentioned that Mr. K. Narayanan will be discharged from the Quarantine Center in due course of time, 'as per the instructions of D. N. Nagar Police Station'. Mr. Nandanwar, learned counsel for the Corporation does not dispute that the quarantine period of Mr. K. Narayanan is over and that there is no impediment for his release.