MD ENAMUL HASAN Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ applications have been preferred for identical reliefs, hence as prayed by learned counsel for the parties, both the applications have been heard together and are being disposed of by this common judgment.

(2.) There are altogether 11 petitioners in this case. Petitioner no. 1 to 9 are foreign nationals, they came to India on tourist visa and at present these petitioners are residing in a Hotel situated in Ward No. 24, Araria in the State of Bihar. Petitioner no. 10 and 11 are the permanent residents of the same Districts. It is stated that petitioner no. 1 to 9 entered India by road through West Bengal, they visited the 'Nijamuddin Markaz', Delhi prior to Tablighi Conglomeration, thereafter they reached Araria in the State of Bihar on 11.03.2020 and they were residing in 'Rawahi Markaz' since 15.03.2020. It is their further statement that from media reports they came to know on March 21st, 2020 that the Ministry of Home Affairs (MHA), Govt. of India had asked the States to "screen, quarantine and deport" the foreign nationals who attended the religious gathering organized by the 'Nijamuddin Markaz' on 12-14th March, 2020. On 22nd March 2020 Janta Curfew was declared and from 24th of March the nation-wide lockdown for 21 days was declared with an aim and object to check the spread of Covid-19 virus which had taken a form of pandemic.

(3.) It is their further case that the petitioners were stranded in 'Rewahi Markaz', they were screened by the administration and then the local administration put them in quarantine and they remained quarantined at Rewahi Markaz for the mandatory period as per government's Standard Operating Procedures (SOPs). According to the petitioners, pursuant to the directions as contained in letter no. 91 dated 09.04.2020 issued by the Ministry of Home Affair, Government of India the Bihar Police visited Rewahi Markaz on 12.04.2020 and registered the present F.I.R.