A PIL has been filed in Supreme Court seeking quashing of confinement order of Incidental commander whereby the entire residential society of the petitioner in Ghaziabad has been sealed off as one resident was found COVID-19 positive.
The petitioner Mohd. Fuzail Khan is a practicing advocate and a member of the Supreme Court Bar Association and is having a standing of 15 years in the bar. The petitioner is a resident of Gateway Towers, Sector 4, Vaishali and there are 147 flats in this building, divided into 4 towers A, B, C and D. Each tower has 13 floors and each floor has three housing units and approximately 700 persons reside in this society which includes minors as well as senior citizens.
The petitioner in his petition has said that on 29.5.2020 one COVID-19 positive case was detected in the society and the matter was brought before the notice of the district administration he was referred to a private hospital and his wife his child and his mother were tested COVID 19 negative. That after a period of 6 days the district administration on 3rd of June 2020 has come out with a notification issued by the incident commander/additional district magistrate declaring the gateway towers as a seized premises thereby restricting complete movement of the residents of the society and has sealed the entire premises.
The petitioner has pleaded that the residents including the petitioner has been put under wrongful confinement and the administration has barricaded the society with police men standing at the gates as if residents have committed some offence and the order of the Incident Commander dated 03.06.2020 does not even has a exit plan or any future plan who to deal in the coming days.
The petitioner has preferred the petition on the ground that the executive order is violative of the basic fundamental rights of the citizen and is illegal and arbitrary it takes away the rights which are given to the citizens of this country under the phase called “UNLOCK 1” issued by the Government of India. And, that the executive order is passed in haste and without proper understanding of the law and ground realties and has been made in such a manner which only deprives the citizens of his/her basic fundamental rights.
The petitioner has prayed to the Supreme Court to quash the order of incidental commander which is in violation of fundamental rights.
Read the plea here;writ-petition-vaishali-1
-India Legal Bureau